R v Mehajer [2018] NSWSC 1687

Supreme Court New South Wales

Medium Neutral Citation: R v Mehajer [2018] NSWSC 1687 Hearing dates: 1 November 2018 Date of orders: 08 November 2018 Decision date: 08 November 2018 Jurisdiction: Common Law Before: Davies J Decision: Bail refused Catchwords: CRIME – bail – release application – applicant convicted of offences relating to enrolment of voters at false addresses prior to local council election in which applicant was a candidate – bail sought on basis of pending appeal to District Court and need to deal with bankruptcy and bipolar disorder – applicant not legally represented in previous application to same court – – whether appeal had reasonably arguable prospect of success in circumstances where applicant intended to lead fresh evidence – unacceptable risk evinced by numerous recent offences in custody and breaches of bail conditions – bail refused Legislation Cited: Bail Act 2013 (NSW) ss 18, 22, 74 Crimes Act 1900 (NSW) s 192G Crimes (Appeal and Review) Act 2001 (NSW) ss 18, 63 Criminal Code (Cth) ss 11.2A, 137.1, 145.1 Cases Cited: Gelle v Director of Public Prosecutions (NSW) [2017] NSWCA 245 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Holcombe v Coulton (1988) 17 NSWLR 71 Landsman v R [2014] NSWCCA 328 Lowe v The Queen (1984) 154 CLR 606 Mehajer v Australian Federal Police (21 August 2018, NSW Supreme Court, R A Hulme J, Unrep) Texts Cited: Nil Category: Principal judgment Parties: Salim Mehajer (Applicant) Crown (Respondent) Representation: Counsel: M Finnane QC (Applicant) J Single (Respondent)