R v Khodaei

Before: Harrison CJ at CL

Decision: Order that bail granted to Peiman Khodaei by Campbell J on 24 June 2024 be revoked.

Catchwords: CRIME – bail – detention application – where accused person was subject to a private electronic monitoring bail condition – amendment to the Bail Act – where private electronic monitoring is now banned – where accused person cannot meet surety condition or secure a suitable replacement condition for electronic monitoring – application by Crown pursuant to s 50 Bail Act 2013 – where accused person does not wish to be heard on detention application – whether the risks nominated by the Crown are unacceptable in absence of suitable conditions

Legislation Cited: Bail Act 2013 (NSW), s 50
Bail Amendment (Ban on Private Electronic Monitoring) Act 2025

Category: Principal judgment

Parties: Rex (Applicant)
Peiman Khodaei (Respondent)

Representation: Solicitors:
Office of the Director of Public Prosecutions (Applicant)
Gregory J Goold Solicitors (Respondent)

File Number(s): 2025/291134

Publication restriction: NIL

JUDGMENT

1. HIS HONOUR: Peiman Khodaei was granted bail by Campbell J on 24 June 2024 subject to certain conditions. These conditions included a requirement for private electronic monitoring and provision of a surety totalling $940,000. A variation application to reduce that amount to $200,000 was refused by Cavanagh J on 22 May 2025. On 11 June 2025, the Bail Amendment (Ban on Private Electronic Monitoring) Act 2025 commenced. The three-month transition period in the Act, after which the prohibition on private monitoring takes effect, expires on 11 September 2025.

2. Mr Khodaei cannot meet the surety condition and will not be able to secure a suitable replacement condition with respect to electronic monitoring before at least 22 September 2025, when his trial on charges of attempting to possess a commercial quantity of an unlawfully imported border controlled drug is due to commence.

3. In anticipation of the looming end of the transition period, the Crown has applied for a revocation of Mr Khodaei’s bail pursuant to s 50 of the Bail Act 2013. Mr Khodaei, by his legal representatives, has indicated that he does not wish to be heard on the Crown’s detention application and that he would submit to any order that the Court would be prepared to make in relation to it. The Crown maintains its opposition to Mr Khodaei’s release by reference to the bail concerns that were relied upon before Campbell J. Mr Khodaei has not proffered any alternative or additional conditions upon the basis of which his bail should be continued or his release from custody could be ordered.

4. The bail concerns identified by the Crown that Campbell J considered were capable of mitigation by the imposition of the conditions he ordered are not presently capable of being met by any suitable condition with which Mr Khodaei is able to comply. In the absence of suitable conditions, the risks nominated by the Crown remain unacceptable.

5. Having regard to Mr Khodaei’s attitude to the application, and in the events that have occurred, I consider that it is appropriate to revoke Mr Khodaei’s bail.

Order

6. I make the following order:

7. Order that bail granted to Peiman Khodaei by Campbell J on 24 June 2024 be revoked.

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