Director of Public Prosecutions v Dennaoui

[2016] VSC 222

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

IN THE MATTER of the Bail Act 1977 (Vic)

-and-

IN THE MATTER of an Application for Bail by ALI DENNAOUI S CR 2016 0051

IN THE MATTER of an Application for Bail by MOHAMMED DENNAOUI S CR 2016 0052

IN THE MATTER of an Application for Bail by MOHAMAD FATFAT S CR 2016 0053

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JUDGE:	JOHN DIXON J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	6 MAY 2016
DATE OF RULING:	6 MAY 2016
CASE MAY BE CITED AS:	DPP v DENNAOUI & ORS
MEDIUM NEUTRAL CITATION:	[2016] VSC 222

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CRIMINAL LAW – Bail – Applications for bail unopposed under agreed conditions – Applications allowed.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr A Austin	Director of Public Prosecutions
For the Accused	Mr M Hume	Souki Lawyers

HIS HONOUR: 

1. Each of Ali Dennaoui, Mohammed Dennaoui and Mohamad Fatfat apply for bail.  Ali Dennaoui is aged 58, Mohammed Dennaoui is aged 21 and Mohamad Fatfat is aged 20.  Each pleaded guilty to a single charge on 2 May 2016 when they were remanded in custody until 10 May 2016, on which date the Magistrates' Court of Victoria will consider a Community Corrections report in relation to the sentencing of each of the offenders. 

1. The offenders each pleaded guilty to one count of unlawful imprisonment in circumstances that concern the son of the first applicant, Mr Ali Dennaoui.  It is unnecessary to recite the circumstances of the offending. 

1. The applicants are presumed pursuant to s 4(1) of the Bail Act to be entitled to bail and the court ought not be satisfied that it would not be desirable in the public interest to release the accused pending completion of the enquiries or the receipt of the report that is being sought pending sentence pursuant to s 4(1)(c) of the Bail Act. 

1. The application for bail is not opposed by the informant and I will briefly detail the reasons for that.  The applicants have been at large since the offence and none of them have committed a further offence.  The applicants were initially charged on summons in connection with the offending and have not failed to appear at any stage in connection with the proceedings. The applicants have stable accommodation and strong family ties to the jurisdiction. Two of the applicants lack prior convictions, while one applicant has a conviction many years ago for minor offending that is of no relevance to this application. 

1. The applicants are not in a show cause position and the only consideration is one of unacceptable risk.  The informant is satisfied that the unacceptable risk of flight can be ameliorated in each case by acceptable bail conditions, namely having a stable address, reporting conditions, surrendering passports and the provision of a surety.  The risk that there might be interference with witnesses is ameliorated by an intervention order which is in place against each of them and in respect of which there have been no breaches. 

1. Further, the informant informs me that the victim concedes that he does not feel at risk if the applicants for bail are at large. 

1. In the circumstances, I am satisfied that each of the applicants be admitted to bail on his own undertaking with a surety in the amount of $1,000 on the following conditions:

(a)   Each applicant shall appear at the Sunshine Magistrates' Court at 8.30 am on 10 May 2016 for a community corrections order assessment and at any trial hearing or other court matter subsequent to that assessment unless released by the court; 

(b)   The applicants shall each reside at the address specified in the order which in the case of Mohamad Fatfat is 28 Stella Way, Hoppers Crossing and in the case of the other applicants is 3 Oxford Street, Newport. The applicants are not to change the nominated place of residence without the consent of the informant or further order of the court. 

(c)    Each applicant shall report daily to the officer‑in‑charge of the Altona North police station or his or her nominee between the hours of 9 am and 9 pm. 

(d)  Each applicant shall surrender any passports that he may hold to the Sunshine police station within 24 hours of being admitted to bail and not apply for another passport. 

(e)   Each applicant shall not attend any point of international departure during the period of bail. 

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