Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Ftelianos [2017] NSWCCA 211 Hearing dates: 28 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Before: Hoeben CJ at CL
Davies J
Bellew JDecision: The Crown’s detention application is granted.
Catchwords: BAIL – Crown application for detention – Where respondent charged with firing a firearm with reckless disregard for the safety of any person – Whether cause shown – Whether unacceptable risks – Crown application granted Legislation Cited: Bail Act 2013 (NSW)
Crimes Sentencing Procedure Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)
Evidence Act 1995 (NSW)
Crimes Act 1900 (NSW)Cases Cited: Director of Public Prosecutions v Hourigan [2017] NSWCCA 170
Moukhallaletti v The Director of Public Prosecutions (NSW) [2013] NSWCCA 314Category: Principal judgment Parties: Regina – Applicant
George Ftelianos – RespondentRepresentation: Counsel:
Solicitors:
E Balodis – Applicant
J Brock - Respondent
Director of Public Prosecutions (NSW) – Applicant
O’Brien Solicitors - Respondent
File Number(s): 2017/179282
Judgment
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THE COURT: On 15 August 2017 George Ftelianos (“the respondent”) was released on bail, subject to a number of conditions. On 22 august 2017, the NSW Director of Public Prosecutions (“the Crown”) made an application pursuant to s. 50 of the Bail Act 2013 (NSW) (“the Act”) for the respondent’s detention.
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The Court heard the Crown’s application on 28 August 2017. At the conclusion of that hearing, the Court ordered that the application be granted, and indicated that its reasons would be published in due course. Those reasons now follow.
THE CROWN CASE AGAINST THE RESPONDENT
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The respondent has been charged with an offence of firing a firearm with reckless disregard for the safety of any person contrary to s. 93GA of the Crimes Act 1900 (NSW). The material tendered by the Crown on the present application included a case statement which is in the following terms:
The Cheeky Chooks takeaway shop is located at 5/231 Kingsgrove Rd, KINGSGROVE. The business has been owned and operated by Gulcan FEVZI and her fiance Sam MASKALAH since October 2013. In August 2014 the shop employed Katia WILLIAMS and Bella WILLIAMS.
At about 9:30am on 28 August 2014 the store was due to open. A large number of people were on Kingsgrove Road, travelling to and from the train station, attending local businesses and travelling in vehicles.
Nagy ABDELMALEK and his wife Nerrnin MINA were driving along Kingsgrove Road in a van that ABDELMALEK uses to convey children to and from school. As he came to a stop at the intersection a grey Audi station wagon driving on Shaw Street performed a U turn coming to a stop directly in front of him with the grey Audi facing his car.
The sunroof of the Audi was open and the barrel of a gun could be seen poking up from the interior of the car. A male then stood up from inside the car through the sunroof, holding what appeared to be a…
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- AGLC
- R v Ftelianos [2017] NSWCCA 211
- Case
- [2017] NSWCCA 211
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Crown had shown sufficient cause for the respondent's detention and whether his release would create unacceptable risks to the community. The court considered the severity of the offence, the respondent's criminal history, and the potential risk he posed to the community if released. The Crown argued that the respondent's previous convictions for violent offences, coupled with the seriousness of the current charge, demonstrated a pattern of behaviour that warranted detention. The respondent's legal representative contended that the Crown had not established sufficient cause for detention and that the respondent's release could be managed through appropriate bail conditions.
The court found that the Crown had demonstrated sufficient cause for the respondent's detention. The court considered the respondent's previous convictions for violent offences and the seriousness of the current charge, which involved firing a firearm with reckless disregard for the safety of any person. The court concluded that the respondent's release posed unacceptable risks to the community, given the potential for him to reoffend. The court granted the Crown's application for the respondent's detention. The court ordered that the respondent remain in custody until further order of the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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