Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Tsintzas v Director of Public Prosecutions (NSW) [2017] NSWCCA 172 Hearing dates: 26 May 2017 Date of orders: 26 May 2017 Decision date: 21 July 2017 Before: Bathurst CJ at [1]
McCallum J at [2]
N Adams J at [3]Decision: Release application granted.
Catchwords: BAIL – applicant charged with a show cause offence – both of applicant’s sons seriously injured in motor vehicle accident – cause shown – whether any unacceptable risks – bail granted on conditions Legislation Cited: Bail Act 2013 (NSW), ss 16A, 16B, 17, 18, 26(5), 49
Crimes Act 1900 (NSW), s 193C(1)
Drug Misuse and Trafficking Act 1985 (NSW), s 25Cases Cited: Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227
Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83
Director of Public Prosecutions (NSW) v Zaiter [2016] NSWCCA 247
Lin v Director of Public Prosecutions (Cth) [2017] NSWSC 312
McAndrew v R [2016] NSWCCA 58
Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314
R v Kugor [2015] NSWCCA 14
R v Marcus [2016] NSWCCA 237
R v SK; R v DK [2014] NSWSC 816
R v S [2016] NSWCCA 189Category: Principal judgment Parties: Harry Tsintzas (Applicant)
Director of Public Prosecutions (NSW) (Respondent)Representation: Counsel:
Solicitors:
Mr Z Khatiz, solicitor (Applicant)
Ms N Williams (Respondent)
Oxford Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/00123487
Judgment
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BATHURST CJ: I have had the advantage of reading the judgment of N Adams J in draft. For the reasons given by her Honour I joined in the order made by the Court on 26 May 2017.
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McCALLUM J: I have read the judgment of N Adams J in draft. Her Honour’s reasons reflect my own reasons for joining in the orders made on 26 May 2017.
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N ADAMS J: On 26 May 2017, the Court heard a release application brought by the applicant pursuant to s 49 of the Bail Act2013 (NSW). The Director of Public Prosecutions (“the Director”) opposed the application. At the conclusion of the hearing, and after adjourning to consider the matter, the Court ordered the release of the applicant on a number of strict conditions. These are my reasons for joining in the decision to grant the release application at that time.
The charges
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On 29 March 2016, investigators were lawfully monitoring conversations between the applicant and his co-accused. On that day, the co-accused said to the applicant, “Two and one yeah?” The applicant replied, “I’ve got it already. The two is there, I am just waiting for the one.” Investigators continued to monitor conversations between the two men over the next two days.
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On 1 April 2016, investigators conducted physical surveillance at the applicant’s home. At about 9pm, the co-accused and another man attended the premises. The applicant supplied the co-accused with 27.8 grams of cocaine and the second man with 0.94 grams of cocaine. Police stopped and searched the vehicle…
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- AGLC
- Tsintzas v Director of Public Prosecutions (NSW) [2017] NSWCCA 172
- Case
- [2017] NSWCCA 172
- Decision Date
CaseChat Overview and Summary
In addressing the application, the court weighed various factors, including the nature and seriousness of the offence, the circumstances of the incident, and the potential impact on the community if bail were granted. The court noted that the show cause offence was serious and that there were risks associated with granting bail, particularly in relation to the potential for Tsintzas to abscond or interfere with witnesses. However, the court also considered mitigating factors, such as the fact that both of Tsintzas' sons were seriously injured in the accident, which may have influenced his likelihood of appearing for trial. Ultimately, the court determined that, while there were risks, they were not so significant as to preclude the grant of bail. The court imposed strict conditions on the bail to mitigate these risks, ensuring that Tsintzas would be closely monitored and would not have the opportunity to interfere with the proceedings or pose a danger to the community.
The court granted bail to Tsintzas on the conditions that he reside at a specified address, surrender his passport, report to a police station twice weekly, and refrain from contacting any witnesses in the case. The court's decision recognised the serious nature of the charges but balanced this against the mitigating factors and the potential risks if bail were not granted. This careful consideration resulted in a balanced outcome that allowed Tsintzas to be released while ensuring that the risks associated with his release were adequately managed.
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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