R v HD [2017] NSWSC 1756

Supreme Court New South Wales

Medium Neutral Citation: R v HD [2017] NSWSC 1756 Hearing dates: 7 December 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Common Law Before: Garling J Decision: Application refused Catchwords: BAIL – charge of discharging a firearm with intention to cause grievous bodily harm – charge of knowingly participating in a criminal group – charge of shooting at a person with intent to commit murder – show cause requirement – assessment of strength of Crown case – where undesirable length in custody awaiting trial – bail refused Legislation Cited: Bail Act 2013 Crimes Act 1900 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: HD (Applicant) The Crown (Respondent) Representation: Counsel: G Turnbull SC (Applicant) D Curran (Crown)

Solicitors: Zahr Partners (Applicant) Office of the Director of Public Prosecutions (Crown) File Number(s): 2017/269938

Judgment 1. On 11 May 2016, the applicant, to whom the designation HD has been given, was arrested and charged with committing three offences on 16 March 2016, namely: 1. an offence contrary to s 33A(1)(a) of the Crimes Act 1900 of discharging a firearm with intention to cause grievous bodily harm; 2. an offence contrary to s 93T(1A) of the Crimes Act, of knowingly participating in a criminal group; and 3. an offence contrary to s 29 of the Crimes Act of shooting at a person with intent to commit murder. 1. Bail was refused upon his arrest, and the applicant has been in custody since then. 2. A trial has been fixed to commence on 22 October 2018, in the District Court at Sydney.