R v Mehajer

Case

[2018] NSWSC 1687

08 November 2018


Details
AGLC Case Decision Date
R v Mehajer [2018] NSWSC 1687 [2018] NSWSC 1687 08 November 2018

CaseChat Overview and Summary

The appellant, Mehajer, a convicted individual involved in offences related to the fraudulent enrolment of voters at false addresses ahead of a local council election in which he was a candidate, sought bail pending an appeal to the District Court. The application was brought before the court, which had to determine whether Mehajer was eligible for bail considering his pending appeal, his need to manage his bankruptcy and bipolar disorder, and the lack of legal representation in his previous application to the same court. The court was tasked with assessing the reasonable prospects of success of the appeal, Mehajer's intent to present new evidence, the risk posed by his recent offences in custody and breaches of bail conditions.

The court considered the appeal's prospects of success, Mehajer's intention to introduce fresh evidence, and the risk he posed due to his recent offending behaviour and breaches of bail conditions. The court found that Mehajer's appeal did not have a reasonably arguable prospect of success, particularly in light of his intention to present new evidence. Furthermore, the court held that Mehajer presented an unacceptable risk due to his numerous recent offences in custody and breaches of bail conditions. Consequently, the court ruled that Mehajer's bail application should be denied.

Mehajer's bail application was denied by the court, which concluded that the appeal lacked a reasonably arguable prospect of success and that Mehajer posed an unacceptable risk due to his recent offending behaviour and breaches of bail conditions. The court's decision was based on the evidence presented and the circumstances surrounding Mehajer's case, including his lack of legal representation in his previous application to the same court. The court's refusal of bail was grounded in the need to protect the community and ensure public safety.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Bail

  • Criminal Liability

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Most Recent Citation
R v Elshaimy [2025] NSWSC 895

Cases Citing This Decision

4

R v Elshaimy [2025] NSWSC 895
Mehajer v The King [2023] NSWCCA 101
R v Elshaimy [2025] NSWSC 895
Cases Cited

8

Statutory Material Cited

4

Dui Kol v R [2015] NSWCCA 150
Dui Kol v R [2015] NSWCCA 150