R v Ayoub [2020] NSWSC 154

R v Ayoub [2020] NSWSC 154

The conditions relating to reporting and employment are appropriately varied given changed circumstances and lack of opposition; however, financial inability to pay for ongoing electronic monitoring does not warrant dispensing with a key condition originally offered to address bail concerns, especially for show cause offences of this seriousness.

Parties
Applicant: Tarek Ayoub; Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 March 2020
Procedural Posture
Criminal Bail Variation Application / Determination of Application to Vary Bail Conditions
Outcome
Reporting obligations and employer conditions varied; requirement for electronic monitoring not dispensed with; other bail conditions remain unchanged.
Legal Topics
Bail, Variation of Bail Conditions, Electronic Monitoring, Accessory After the Fact to Murder, Pervert the Course of Justice
Criminal Law Bail Variation of Bail Conditions Electronic Monitoring Accessory After the Fact to Murder Pervert the Course of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Tarek Ayoub

Applicant

Crown

Respondent

Procedural Posture

Criminal Bail Variation Application / Determination of Application to Vary Bail Conditions

Legal Issues

  1. 1 Whether bail conditions should be varied to reduce reporting obligations and permit employment with a new employer
  2. 2 Whether requirement for electronic monitoring should be dispensed with on basis of financial hardship

Ratio Decidendi

The conditions relating to reporting and employment are appropriately varied given changed circumstances and lack of opposition; however, financial inability to pay for ongoing electronic monitoring does not warrant dispensing with a key condition originally offered to address bail concerns, especially for show cause offences of this seriousness.

Court Disposition

Reporting obligations and employer conditions varied; requirement for electronic monitoring not dispensed with; other bail conditions remain unchanged.

Orders

  • Bail reporting varied to once daily at Bankstown Police Station between 4:00pm and 8:00pm.
  • Bail security conditions varied: For Police Charge Number H 69998468, an agreement to forfeit $5,000 by Sahar Ayoub if the applicant fails to appear; for Police Charge Number H 68071661, Sahar Ayoub to deposit and agree to forfeit $5,000 if the applicant fails to attend court or comply with bail.