R v Hing [2018] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: R v Hing [2018] NSWSC 408 Hearing dates: 15 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application dismissed Catchwords: CRIME – bail – release application – Bail Act 2013 s 74 requirement – where bail previously refused by Court and Court of Criminal Appeal on same charges – alleged change of circumstances – increased surety – additional delay before trial – new expert material – new evidentiary material – s 74 threshold not met – application dismissed Legislation Cited: Bail Act 2013 Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Cases Cited: Director of Public Prosecutions (NSW) v Hing [2017] NSWCCA 325 Texts Cited: Not Applicable Category: Principal judgment Parties: The Crown Nathan Peter Hing (Applicant) Representation: J Rafeeq (Crown) D Miralis (Applicant) File Number(s): 2018/31971

Judgment 1. On 23 January 2018, the applicant, Nathan Peter Hing, filed a Release Application. 2. The Release Application related to two sets of offences. The first set of offences comprised two driving offences committed on 18 August 2017. In respect of these offences, the applicant was arrested on 8 September 2017 and, after a plea of guilty, was sentenced at the Manly Local Court on 15 December 2017 to imprisonment for a period of 4 months commencing on 5 October 2017 and concluding on 4 February 2018. He was also disqualified from driving for a lengthy period. 3. He has appealed against that sentence. This severity appeal is due to be heard in the District Court of NSW on 16 April 2018. By reason of the provisions of s 63 of the Crimes (Appeal and Review) Act 2001, the execution of that sentence is stayed pending the disposition of the appeal. 4. However, on 20 September 2017, the applicant was arrested and charged with a second set offences comprising 11 further offences. Six of those offences allege an offence against s 193B(2) of the Crimes Act 1900 of knowingly dealing with the proceeds of crime. The total sum of money involved in these offences is a little over $2M. 5. The applicant faces three offences contrary to the Crimes Act dealing with events which occurred at the time of his arrest. He is charged with causing grievous bodily harm to a person with intent to resist arrest contrary to s 33(2)(b) of the Crimes Act, assaulting a police officer in the execution of their duty contrary to s 60(1) of the Crimes Act and resisting an officer in execution of their duty contrary to s 58 of the Crimes Act. 6. He is further charged with one offence of knowingly directing the activities of a criminal group contrary to s 93T(4)(A) of the Crimes Act and an offence contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 of taking part in the supply of a prohibited drug in a quantity which is greater than the large commercial quantity. It is alleged that he knowingly took part in the supply of cocaine in an amount of not less than 1kg. Bail is sought with respect to each of these offences. 7. Although he has been sentenced to a term of imprisonment with respect to the first set of driving offences, if he was otherwise to be granted bail for the second set of offences for which he was arrested on 20 September 2017, it would be appropriate to grant bail on the first set of offences given that any sentence that was imposed on him has been stayed. 8. On 16 November 2017, Fagan J determined that there ought be a grant of bail. The conditions upon which he so determined that grant of bail were detailed and constrictive. 9. On 28 November 2017, a detention application on behalf of the Crown was heard by the Court of Criminal Appeal. For the reason which it then delivered, it ordered that the Crown's detention application be granted: Director of Public Prosecutions (NSW) v Hing [2017] NSWCCA 325.