R v Ali-Ahmad [2018] NSWSC 413

Supreme Court New South Wales

Medium Neutral Citation: R v Ali-Ahmad [2018] NSWSC 413 Hearing dates: 16 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Common Law 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 – change of circumstances relevant to the grant of bail – availability of residential rehabilitation program – s 74 satisfied – applicant required to show cause why detention not justified – young age of applicant – potential for reform – Court not persuaded that applicant had satisfied show cause requirement – no evidence of drug or alcohol addiction to be addressed by rehabilitation – previous failures to appear – unacceptable risk of applicant committing further offences – application dismissed Legislation Cited: Bail Act 2013 Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Cases Cited: The Queen v Osenkowski (1982) 30 SASR 212 Texts Cited: Not Applicable Category: Principal judgment Parties: The Crown Ali Ali-Ahmad (Applicant) Representation: Counsel: D Laird (Crown) J Korn (Applicant)

Solicitors: Director of Public Prosecutions (Crown) Havas & Dib (Applicant) File Number(s): 2017/388008

Judgment 1. Ali Ali-Ahmad, who is presently aged 21, has been in custody since 30 November 2017. 2. He has sought his release on bail in accordance with the provisions of the Bail Act 2013 ("the Act"). 3. The applicant was refused bail by N Adams J in this Court on 9 March 2018. At that time, her Honour indicated that the proposal with respect to bail was an unacceptable one because she was not satisfied that a particular proposed residential rehabilitation program was suitable in the circumstances. She indicated that she would regard any further application that was accompanied by a different proposal for residential rehabilitation as being a change in circumstances of a kind which would enable a further release application to be heard. 4. This current application does present a different proposal with respect to residential rehabilitation. 5. The Crown conceded that, having regard to her Honour's remarks, and the nature of the current proposal, the applicant has demonstrated grounds for a further release application within the meaning of s 74 of the Act. 6. Accordingly, it is appropriate for this Court to hear and determine the application. 7. At the time of his arrest on 30 November 2017, with respect to the current charges upon which bail is sought, the applicant was on bail for a previous drug offence. As a result, by reason of the provisions of s 16B(1)(h)(ii) of the Act, the applicant is required to show cause why his detention is not justified.