Mehajer v Director of Public Prosecutions

The case of Mehajer v Director of Public Prosecutions involved the applicant, Mehajer, appealing against the refusal of his bail application. The matter was heard in the Supreme Court of Victoria. Mehajer was facing sentencing for unrelated convictions and had applied for bail pending the outcome of his appeals against those convictions. The Director of Public Prosecutions opposed the application on the basis that Mehajer had not demonstrated that the proposed appeals were most likely to succeed.

The central legal issue before the court was whether Mehajer had satisfied the threshold requirement of establishing special or exceptional circumstances to justify the grant of bail. The court had to consider Mehajer's likelihood of success in his appeals, his criminal history, and the potential impact of a custodial sentence on his ability to assist in the preparation of his defence. The Director argued that Mehajer was likely to receive a further custodial sentence, which would make the grant of bail inappropriate.

The court found that Mehajer had not demonstrated that his appeals were most likely to succeed. The court noted that Mehajer had a history of non-compliance with court orders and had demonstrated a propensity to reoffend. Given the likelihood of a further custodial sentence and the potential impact on his ability to assist in his defence, the court held that special or exceptional circumstances did not exist to warrant the grant of bail. The application was accordingly refused. The court's decision was based on the balance of considerations, including the risk of reoffending, the seriousness of the offences, and the impact of a custodial sentence on Mehajer's ability to assist in his defence.