R v Fakhreddine [2024] NSWSC 302

R v Fakhreddine [2024] NSWSC 302

Variation of bail to permit changed employment was justified given evidence of job offer and prior compliance, but reduction in reporting days was not warranted considering seriousness of charge, no logistical difficulty, proximity to police station, and public interest in ensuring attendance.

Parties
Crown: Rex; Accused: Naji Fakhreddine
Jurisdiction
Australia
Judgment Date
18 March 2024
Procedural Posture
Bail Variation Application / Procedural Ruling
Outcome
Variation granted in part
Legal Topics
Variation of Bail Conditions, Bail Application Procedure, Reporting Requirements, Employment Conditions on Bail
Criminal Law Bail Variation of Bail Conditions Bail Application Procedure Reporting Requirements Employment Conditions on Bail

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Parties

Rex

Crown

Naji Fakhreddine

Accused

Procedural Posture

Bail Variation Application / Procedural Ruling

Legal Issues

  1. 1 Whether bail conditions should be varied to allow for new employment
  2. 2 Whether reporting requirements under bail should be reduced or amended

Ratio Decidendi

Variation of bail to permit changed employment was justified given evidence of job offer and prior compliance, but reduction in reporting days was not warranted considering seriousness of charge, no logistical difficulty, proximity to police station, and public interest in ensuring attendance.

Court Disposition

Variation granted in part

Orders

  • Bail conditions amended to allow employment with [REDACTED] within the [REDACTED] area in substitution for prior employer.
  • Reporting condition hours expanded: must report to St George Police Station between 5:00am and 8:00pm on Monday, Tuesday, Thursday, Friday and Saturday.