R v Pasikala [2018] NSWSC 1458

Supreme Court New South Wales

Medium Neutral Citation: R v Pasikala [2018] NSWSC 1458 Hearing dates: 25 September 2018 Date of orders: 27 September 2018 Decision date: 27 September 2018 Jurisdiction: Common Law Before: Harrison J Decision: Grant bail, subject to the following conditions:

(1) Applicant is to be of good behaviour. (2) Applicant is to reside at xx xxxx, Mount Druitt. (3) Applicant is to report to Mount Druitt police station daily between the hours of 6am and 8pm. (4) Applicant is to appear at Newtown Local Court, by audio visual link if available, on 2 October 2018 and thereafter as required. (5) Applicant is not to drink alcohol or enter premises where alcohol is sold. (6) Applicant is not to take any illegal or prescription drugs other than a drug that has been prescribed for him by a medical practitioner. (7) Applicant is not to be absent at any time from the premises at which he is required to live otherwise than for the purposes of travelling to or from a place of employment with Marques Group Pty Ltd or attending court or reporting to police in accordance with condition (3) above. (8) Applicant is not to have any contact directly or indirectly, except through his lawyers, with any person who the prosecution has told him is or may be a witness for the prosecution. (9) Applicant must not go to within 1km of the suburb of Petersham. Catchwords: BAIL – release application – where concern that the applicant will fail to appear, pose a risk to the victim or commit a further offence – where applicant suffers from psychiatric conditions – where applicant currently serving a fixed term sentence – where the grant of bail may result in the applicant being given a minimum security classification and therefore allow him to access programs within the Corrective Services system to assist with his psychiatric conditions Legislation Cited: Bail Act 2013 (NSW), s 17 Cases Cited: Director of Public Prosecutions (NSW) v Brooks [2015] NSWCCA 190 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 JM v R [2015] NSWSC 978 Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312 Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314 R v Ebrahimi [2015] NSWSC 335 R v Fallon (a pseudonym) [2017] NSWSC 1796 R v Fesus [2014] NSWSC 770 Category: Principal judgment Parties: Taniella Pasikala (Applicant) Crown (Respondent) Representation: Solicitors: Macquarie Lawyers (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 2018/245190 Publication restriction: Nil