Mehajer v Director of Public Prosecutions (NSW)

[2025] NSWCCA 79

NSW Court of Criminal Appeal

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Catchwords

1. Criminal Law
2. › Bail
3. › Release application
4. › Appeals bail
5. › Multiple applications to same court
6. › Whether grounds established for further release application
7. › Whether material information not previously presented
8. › Whether circumstances relevant to grant of bail had changed
9. › Bail Act 2013 (NSW), ss 17-19, 22, 61, 74
1. Criminal Law
2. › Bail
3. › Release application
4. › Appeals bail
5. › Whether revised grounds of appeal constitute material information or changed circumstances
6. › Whether 'more settled' grounds amount to grounds under s 74(3)
7. › Bail Act 2013 (NSW), s 74(3)(b), (c)
1. Criminal Law
2. › Bail
3. › Release application
4. › Appeals bail
5. › Relevance of imminent parole eligibility and provisional parole decision
6. › Whether parole developments constitute changed circumstances for appeals bail where no outstanding charges on remand
7. › Bail Act 2013 (NSW), s 74(3)(c)

Quick Take

Revised or 'more settled' grounds of appeal that are substantively the same as those previously ventilated do not constitute material information or changed circumstances for the purposes of s 74(3) of the Bail Act 2013 (NSW), and a provisional parole decision is not a relevant change of circumstances for appeals bail where the applicant has no outstanding charges on remand.

Case Details

Citation[2025] NSWCCA 79

CourtNSWCCA

JurisdictionNew South Wales

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Relies on10

2024Mehajer v R (No 2)NSWCCA 247
2024Mehajer v RNSWCCA 226
2024Mehajer v Director of Public ProsecutionsNSWCCA 172
2023R v Mehajer (No. 3)NSWDC 197
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