R v Mikel Fajloun [2007] NSWDC 378

R v Mikel Fajloun [2007] NSWDC 378

Given conviction by a jury for two very serious offences involving violence and kidnapping, and the likelihood of a custodial sentence, the need to obtain psychiatric evidence and strong community ties do not outweigh the presumption in favour of custody. Bail is refused.

Parties
Prosecution: R; Applicant/defendant: Mikel Fajloun
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Criminal / Post Conviction Bail Application
Outcome
Bail application refused
Legal Topics
Bail, Kidnapping, Violence, Evidence (psychiatric)
Criminal Law Bail Kidnapping Violence Evidence (psychiatric)

Case Brief

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Parties

R

Prosecution

Mikel Fajloun

Applicant/defendant

Procedural Posture

Criminal / Post Conviction Bail Application

Legal Issues

  1. 1 Whether bail should be granted to the applicant post-conviction pending sentence
  2. 2 Whether community ties, contribution to family finances, and need for psychiatric evidence outweigh custody considerations

Ratio Decidendi

Given conviction by a jury for two very serious offences involving violence and kidnapping, and the likelihood of a custodial sentence, the need to obtain psychiatric evidence and strong community ties do not outweigh the presumption in favour of custody. Bail is refused.

Court Disposition

Bail application refused

Orders

  • Bail application is refused.