R v HAZ [2018] NSWSC 386

Supreme Court New South Wales

Medium Neutral Citation: R v HAZ [2018] NSWSC 386 Hearing dates: 15 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application dismissed Catchwords: CRIME – bail – release application – where previous application refused by the Court – consideration of Bail Act 2013 s 74 – alleged change of circumstances relevant to the grant of bail – Court not satisfied on balance of probabilities that new material was available or that relevant circumstances had changed – application dismissed Legislation Cited: Bail Act 2013 Crimes Act 1900 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Crown HAZ (a pseudonym) (Applicant) Representation: Counsel: J Rafeeq (Crown) G James QC (Applicant)

Solicitors: Director of Public Prosecutions (Crown) Abbas & Co (Applicant) File Number(s): 2018/30102 Publication restriction: Not applicable

Judgment 1. On 8 August 2017, the applicant, to whom I will refer as to "HAZ", was arrested and charged with two offences. He was taken into custody at that time. 2. Those offences were: 1. an offence contrary to s 98 of the Crimes Act 1900 of robbery in company causing a wounding, which carries a maximum penalty of 25 years imprisonment; and 2. an offence contrary to s 33(1)(a) of the Crimes Act 1900 of wounding a person with intent to cause grievous bodily harm, which also carries a maximum penalty of 25 years imprisonment. 1. On 5 October 2017, the applicant made a release application which was heard and determined by Adamson J in this Court. Her Honour refused the application, and expressed this conclusion in her judgment: "Having regard to the matters raised in the Crown case and notwithstanding that there will be a significant delay in bringing the applicant to trial, I am not satisfied that a grant of bail, even on the strict conditions proposed on behalf of the applicant, would be sufficient to ameliorate the risk of his committing a serious offence and the risk of danger to the victim and individuals in the community if bail was granted …" 1. On 15 January 2018, HAZ made a further application to this Court pursuant to s 8 of the Bail Act 2013 ("the Act") to be released on bail. That application was heard on 15 March 2018. This judgment relates to that second application.