R v Touma - [2025] NSWSC 14

Supreme Court

New South Wales

Medium Neutral Citation: R v Touma [2025] NSWSC 14
Hearing dates: 04 February 2025
Date of orders: 06 February 2025
Decision date: 06 February 2025
Jurisdiction: Common Law
Before: Harrison CJ at CL
Decision:
Grant bail subject to conditions

Catchwords:
CRIME – bail – second release application – rehabilitation centre – s 74 Bail Act 2013 satisfied
CRIME – bail – show cause – violent offences – firearm offences – cause shown – where Crown raises all bail concerns in s 17(2) Bail Act 2013 (NSW) – where conditions can adequately ameliorate concern of committing a serious offence whilst on bail – bail to residential rehabilitation centre

Legislation Cited:
Bail Act 2013 (NSW), ss 16B(1)(d)(i), 17(2), 74(3)
Crimes Act 1900 (NSW), ss 29, 33A(1)(a), 93G(1)(b), 114(1)(c), 154A(1)(b)
Firearms Act 1996 (NSW), s 7(1)
Road Transport Act 2013 (NSW), s 54(1)(a)

Category: Principal judgment
Parties: Noah Mohamed Touma (Applicant)
Crown (Respondent)
Representation:
Counsel:
E Ozen SC (Applicant)
Solicitors:
Krayem & Co Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s): 2024/459374
Publication restriction: Nil

JUDGMENT

HIS HONOUR: Noah Mohamed Touma applies for a grant of conditional bail. He was arrested on 8 May 2024 and has been in custody since then. He is charged with a series of offences alleged to have been committed on 20 February 2024. Those offences are as follows:

Shoot at person with intent to murder, s 29 Crimes Act 1900.

Discharge firearm with intent to cause grievous bodily harm, s 33A(1)(a) Crimes Act.

Fire firearm in or near public place, s 93G(1)(b) Crimes Act.

Possess unauthorised pistol, s 7(1) Firearms Act 1996.

Face blackened/disguised with intent to commit indictable offence, s 114(1)(c) Crimes Act.

Knowingly drive stolen conveyance, s154A(1)(b) Crimes Act.

Drive whilst disqualified (prior offence), s 54(1)(a) Road Transport Act2013.

Drive whilst disqualified (prior offence), s 54(1)(a) Road Transport Act.

Section 74

This is Mr Touma’s second release application to this Court. His previous application was heard by Dhanji J on 22 July 2024. That application was refused. Mr Touma must therefore demonstrate that there are grounds for a further release application which enliven s 74(3) of the Bail Act 2013. Mr Touma has submitted that s 74(3)(b) and (c) of that Act are satisfied because he now seeks, unlike his first application, to reside permanently in a rehabilitation facility and has been offered accommodation at [REDACTED] with a bed available for him from 31 January 2025 until 25 February 2026. The Crown has conceded that these circumstances satisfy the requirements of s 74(3)(b) and (c). I am otherwise satisfied that they do.

Show cause

Mr Touma is required to show cause why his continued detention is not justified, pursuant to s 16B(1)(d)(i) of the Bail Act. That is because he is charged with a serious indictable offence under Part 3 of the Crimes Act, involving the use of a firearm.
Mr Touma relies upon the following factors in support…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Touma

Details

AGLC: R v Touma [2025] NSWSC 14
Case: [2025] NSWSC 14
Decision Date: 06 February 2025

CaseChat Overview and Summary

The case of R v Touma involved the defendant, Touma, who was subject to a second bail application. The dispute centred on whether Touma should be granted bail and placed in a residential rehabilitation centre, in light of his history of violent and firearm-related offences. The matter was heard by the Supreme Court of New South Wales. The Crown argued that Touma should not be released on bail due to the significant risk he posed to the community if he were to reoffend. However, Touma's legal team contended that appropriate conditions could mitigate this risk and that placement in a rehabilitation centre would be beneficial for his rehabilitation and, by extension, the safety of the community.

The court was required to determine whether the conditions proposed by Touma's legal team could adequately address the concerns raised by the Crown about the risk of reoffending. Specifically, the court had to consider whether the proposed bail conditions could sufficiently reduce the likelihood of Touma committing a serious offence while on bail. The court also needed to weigh the potential benefits of Touma's rehabilitation against the risk to the community.

In its reasoning, the court noted that the Crown had adequately outlined its concerns under section 17(2) of the Bail Act 2013 (NSW), including the seriousness of Touma's previous offences and the potential for reoffending. However, the court found that the proposed conditions, including placement in a residential rehabilitation centre, could effectively manage the identified risks. The court was satisfied that these conditions would support Touma's rehabilitation and significantly reduce the risk of him committing further offences while on bail. Consequently, the court granted bail subject to the specified conditions.

Orders