R v Joseph Antoun; R v Antoine Antoun [2005] NSWCCA 270

R v Joseph Antoun; R v Antoine Antoun [2005] NSWCCA 270

Special and/or exceptional circumstances justified granting bail to both applicants pending the High Court appeal. Antoine Antoun was close to parole eligibility, had a limited criminal history, had complied with previous bail conditions, and refusal of bail might deprive him of the benefit of a successful appeal. Although Joseph Antoun had a longer sentence and more serious criminal history, there was no material showing non-compliance with previous bail conditions or suggesting that he would not answer his bail undertaking.

Jurisdiction
Australia
Judgment Date
01 August 2005
Procedural Posture
Application for Bail Pending Determination of Appeal to the High Court of Australia / After Special Leave to Appeal to the High Court Was Granted Against Dismissal of Conviction Appeals
Outcome
Each applicant granted bail subject to conditions.
Legal Topics
['bail Pending High Court Appeal' 'special or Exceptional Circumstances' 'conviction Appeal' 'perceived Bias' 'court of Criminal Appeal Powers']
['criminal Law' 'bail' 'criminal Procedure'] ['bail Pending High Court Appeal' 'special or Exceptional Circumstances' 'conviction Appeal' 'perceived Bias' 'court of Criminal Appeal Powers']

Case Brief

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Procedural Posture

Application for Bail Pending Determination of Appeal to the High Court of Australia / After Special Leave to Appeal to the High Court Was Granted Against Dismissal of Conviction Appeals

Legal Issues

  1. 1 ['Whether each applicant established special or exceptional circumstances justifying bail pending determination of his High Court appeal.' 'Whether the Court of Criminal Appeal could determine such bail applications by a single judge.']

Ratio Decidendi

Special and/or exceptional circumstances justified granting bail to both applicants pending the High Court appeal. Antoine Antoun was close to parole eligibility, had a limited criminal history, had complied with previous bail conditions, and refusal of bail might deprive him of the benefit of a successful appeal. Although Joseph Antoun had a longer sentence and more serious criminal history, there was no material showing non-compliance with previous bail conditions or suggesting that he would not answer his bail undertaking.

Court Disposition

Each applicant granted bail subject to conditions.

Orders

  • ['Joseph Antoun is to reside at 53 Pile Street, Marrickville.' 'For Joseph Antoun, one acceptable person is to enter into an agreement to forfeit the sum of $10,000 if he fails to comply with his bail undertaking, secured by cash deposit; Mr Nemer Antoun of 55 Pile Street Marrickville is an acceptable person.'...