R v Shah

[2017] NSWDC 292

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Shah [2017] NSWDC 292
Hearing dates:	21 September 2017
Date of orders:	26 September 2017
Decision date:	26 September 2017
Jurisdiction:	Criminal
Before:	Hatzistergos DCJ
Decision:	The application for release is refused
Catchwords:	BAIL – SHOW CAUSE OFFENCE – whether cause has been demonstrated – delay until further trial – cause not shown by accused – UNACCEPTABLE RISK –criminal antecedents – history of violence – nature and seriousness of the charges –history of compliance – likelihood of custodial sentence – need to be at liberty to prepare for trial or any other lawful reason – views of the victim – conditions that could reasonably be imposed
Legislation Cited:	Crimes Act 1900 (NSW) s 86(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9 and 12 Bail Act 2013 (NSW) ss 16A, 16B, 17, 18, 19, 20A, 25, 26, 31 and 32
Cases Cited:	A1 v R; A2 v R [2016] NSWSC 1288 Director of Public Prosecutions v Hourigan [2017] NSWCCA 170 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Homsi v R; Karamalakis v R [2011] NSWCCA Jeffries v R [2008] NSWCCA 144 JM v R [2015] NSWSC 978 R v Farrell [2016] NSWSC 1278 R v Newell [2004] NSWCCA 183 R v Xie [2015] NSWSC 1833
Category:	Procedural and other rulings
Parties:	Mohd Mahzrin Nadzri Shah (accused) Regina (Crown)
Representation:	Mr W Brewer (accused) Ms B O’Reilly (Crown)
File Number(s):	2016/132129
Publication restriction:	Decision restricted pending the trial of the accused

Judgment

1. The accused, Mr Mohd Mahzrin Nadzri Shah has been committed to stand trial in this court in respect of the offence that he did on 29 April 2016, at Smithfield in the State of New South Wales, detain Lisa Whittaker without her consent and with the intent to obtain an advantage, namely, a psychological advantage contrary to s 86(1)(b) of the Crimes Act 1900 (NSW).

2. The matter first came on for trial on 22 May 2017 however, it was formally marked not reached on 23 May 2017. Thereafter the matter came on for trial on 4 September 2017. On 11 September 2017, the jury was discharged. The matter has now been listed for further trial on 5 March 2018 with a seven day estimate.

3. The accused has been in custody since 29 April 2016, bail refused. On 21 September 2017, I heard a release application made on his behalf. Ms O’Reilly of counsel appeared on behalf of the Crown and Mr Brewer of counsel appeared on behalf of the accused. It was acknowledged both parties that the charge on the indictment was a show cause offence as it was a serious indictable offence and it was alleged to have been committed at a time when the accused was on parole,[1] requiring the accused to show cause as to why his detention was not justified. [2]

   1. s 16B(1)(h)(ii) of the Bail Act 2013 (NSW). Hereinafter referred to as the “2013 Act”

   2. s 16A(1)…