R v WE (No.9) [2019] NSWSC 1170

Supreme Court New South Wales

Medium Neutral Citation: R v WE (No.9) [2019] NSWSC 1170 Hearing dates: 4 September 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Common Law Before: Bellew J Decision: Application for release refused Catchwords: BAIL – Applicant charged with doing acts in preparation for a terrorist act or acts – Where applicant arrested in 2016 aged 16 – Where jury at the applicant's first trial in 2018 could not reach a unanimous verdict – Where jury in the applicant's second trial was discharged due to disharmony – Where applicant will have spent between 3½ and 4 years in custody awaiting trial – Whether such circumstances should be regarded as exceptional – Exceptional circumstances made out

BAIL – Evidence of the applicant having repeatedly engaged in breaching the rules of his custody – Evidence of the applicant's father having approached important Crown witness prior to the applicant's second trial – Where bail proposal involved the applicant being released to reside with his father and mother – Evidence of previously fractured relationship between the applicant and his parents – Evidence given by the applicant's father on a previous application for release which established that he was unable to control the applicant's conduct in the period leading up to his arrest – Evidence that the applicant had been found to have religious texts in his possession in custody which espoused violent ideology – Risks of flight and the commission of further offences if released – Where risks could not be mitigated by the imposition of conditions – Application for release refused. Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Evidence Act 1995 (NSW) Cases Cited: Barr (A Pseudonym) v The Director of Public Prosecutions (2018) 97 NSWLR 246; [2018] NSWCA 47 Hammoud v The Director of Public Prosecutions [2006] VSC 516 R v NK [2016] NSWSC 498 R v WE [2017] NSWSC, 19 December 2017 unreported R v WE (No 3) [2019] NSWSC 881 R v WE (No 8) [2019] NSWSC 1030 R v WE (No.1) [2019] NSWSC 38 R v NK [2016] NSWSC 498 Category: Procedural and other rulings Parties: Regina – Crown WE – Accused Representation: Counsel: P McGuire SC and B Anniwell – Crown J Trevallion – Applicant