R v Alahmad [2019] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: R v Alahmad [2019] NSWSC 412 Hearing dates: 8 April 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Common Law Before: Schmidt J Decision: Application for bail variation is refused. Catchwords: BAIL – release application – variation – removal of condition of house arrest – bail concerns and risks which applicant poses – significant custodial sentence to be imposed if convicted – strength of Crown case – weight to be given to letter written to Court – where applicant refuses to give evidence or be cross-examined – letter given no weight – application for variation refused Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Imbornone v R [2017] NSWCCA 144 R v Alahmad (Supreme Court (NSW), Fullerton J, 17 July 2018, unrep) R v Alahmad (Supreme Court (NSW), Hidden AJ, 8 October 2018, unrep) R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 Category: Principal judgment Parties: Regina (Crown) Asaad Alahmad (Applicant) Representation: Solicitors: Solicitor for the Director of Public Prosecutions (Crown) Oxford Lawyers (Applicant) File Number(s): 201937580 Publication restriction: Nil

Judgment 1. Mr Alahmad made an application under the Bail Act 2013 (NSW) for variation of the stringent conditions of bail imposed upon him by Hidden AJ on 8 October 2018, when he was granted bail for serious firearm and affray offences which the Crown alleges he committed in June 2018. He was that day arrested and charged with those offences, after he was taken to Auburn hospital suffering life threatening injuries caused by gun shots. 2. The application was opposed by the Crown in circumstances where it is common ground that Mr Alahmad has complied with his conditions of bail and he is next due to appear before the Parramatta District Court on 18 April 2019 for arraignment. Both charges are defended, despite what appears to be a very strong Crown case on the affray charge. It is now anticipated that the charges will go to trial in early 2020. 3. Mr Alahmad's application seeks to remove the conditions which have put him under effective house arrest, so that he can take up an offer of employment which he has received and can also attend normal activities including attendance at Mosque, particularly during the coming month of Ramadan. 4. In the alternative Mr Alahmad sought that those conditions be relaxed, so that he could leave his home only to work, or in the company of his mother or his sureties, his brother or sister.