R v Hawi [2014] NSWSC 837

R v Hawi [2014] NSWSC 837

The Court found an unacceptable risk that the applicant would fail to appear because, although the likelihood of flight was small, the consequences for the community and administration of justice would be serious; that risk could be adequately mitigated by security conditions. The Court was not satisfied there was an unacceptable risk of interference with witnesses or evidence. It was satisfied there was an unacceptable risk that the applicant would endanger the safety of individuals or the community, and consequently commit a serious offence, given the spontaneous and unpredictable violence underlying the charge and his alleged central role and associations, but those risks could be...

Jurisdiction
Australia
Judgment Date
23 June 2014
Procedural Posture
Bail Application / Applicant Awaiting Re Trial Following Successful Appeal to the Court of Criminal Appeal
Outcome
Bail granted subject to conditions; liberty to apply granted; unredacted judgment not to be published other than to the Attorney General until further order.
Legal Topics
['unacceptable Risk' 'bail Conditions' 'pre Trial Custody' 're Trial After Appeal' 'murder Charge' 'joint Criminal Enterprise']
['criminal Law' 'bail'] ['unacceptable Risk' 'bail Conditions' 'pre Trial Custody' 're Trial After Appeal' 'murder Charge' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Bail Application / Applicant Awaiting Re Trial Following Successful Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether there was an unacceptable risk that the applicant would fail to appear at proceedings if released from custody.' 'Whether there was an unacceptable risk that the applicant would commit a serious offence or endanger the safety of individuals or the community if released from custody.' 'Whether there was an unacceptable risk that the applicant would interfere with witnesses or evidence if released from custody.' 'Whether any identified unacceptable risks could be sufficiently mitigated by appropriate bail conditions.']

Ratio Decidendi

The Court found an unacceptable risk that the applicant would fail to appear because, although the likelihood of flight was small, the consequences for the community and administration of justice would be serious; that risk could be adequately mitigated by security conditions. The Court was not satisfied there was an unacceptable risk of interference with witnesses or evidence. It was satisfied there was an unacceptable risk that the applicant would endanger the safety of individuals or the community, and consequently commit a serious offence, given the spontaneous and unpredictable violence underlying the charge and his alleged central role and associations, but those risks could be...

Court Disposition

Bail granted subject to conditions; liberty to apply granted; unredacted judgment not to be published other than to the Attorney General until further order.

Orders

  • ['Bail is granted to Mahmoud Hawi subject to conditions upon his conduct while at liberty on bail.' 'The applicant is to be of good behaviour.' 'The applicant is to live at xxx.' 'The applicant is to report daily between the hours of 10.00am and 6.00pm to the officer in charge of the Police Station at Rockdale.'...