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El Khouli v R

El Khouli v R

Case [2019] NSWCCA 146 5 July 2019

Bail

Appeal

Criminal Law

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: El Khouli v R [2019] NSWCCA 146
Hearing dates: 24 May 2019
Date of orders: 24 May 2019
Decision date: 05 July 2019
Before: Hoeben CJ at CL;
Walton J;
Wilson J
Decision:
We confirm our judgment to dismiss the release application made by the applicant.

Catchwords: BAIL – release application – special or exceptional circumstances – strength of appeal – bail refused
Legislation Cited: Bail Act 1978 (NSW)
Bail Act 2013 (NSW)
Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Evidence (Audio and Audio Visual Links) Act 1998 (NSW)
Cases Cited: Collie, Kranz & Lovegrove v R (1991) 56 SASR 302
El-Hilli and Melville v R [2015] NSWCCA 146
Marotta v The Queen (1999) 73 ALJR 265; [1999] HCA 4
Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238
Obeid v R (No 2) [2016] NSWCCA 321
Peters v The Queen (1996) 71 ALJR 309
Petroulias v R [2010] NSWCCA 95
R v Velevski (2000) 117 A Crim R 30; [2000] NSWCCA 445
R v Williams [2018] NSWSC 994
Why v R [2017] NSWCCA 101
Wilson v R (1994) 34 NSWLR 1
Category: Principal judgment
Parties: Ahmed El Khouli (Applicant)
Regina (Crown)
Representation:
Counsel:
M Bateman (Applicant)
B Hatfield (Crown)
Solicitors:
El Masri & Associates (Applicant)
Office of the Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2019/98739
Decision under appeal

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Criminal

Date of Decision:

24 August 2017

Before:

Jeffreys DCJ

File Number(s):

2012/00344759; 2017/00008035

REASONS FOR Judgment

THE COURT: On 2 November 2012, the applicant, Ahmed El Khouli, was arrested and subsequently charged under an indictment dated 2 November 2016 with four counts deriving from allegations by the Crown that the applicant, and his co-offender Mr Ahmed Shousha, were jointly responsible for setting fire to a business which they operated in Hornsby, namely, My Sofia Café, in order to obtain an insurance payout. The charges also encompassed the prosecution of the applicant for the offences that he had caused two witnesses to lie to police about where he and Mr Shousha were at the time that the fire started.
On 14 December 2016, the applicant was convicted by a jury with respect to the first, third and fourth counts on the indictment. Those counts were as follows:

Count 1: Dishonestly damage by fire for financial gain on 3 October 2012 contrary to s 197(1)(b) of the Crimes Act 1900 (NSW) (maximum penalty of imprisonment for 14 years).

Counts 3 and 4: Two counts of doing an act with intent to pervert the course of justice contrary s 319 of the Crimes Act (maximum penalty of imprisonment for 14 years). Count 3 was committed between 3 October 2012 and 2 November 2012 and Count 4 was committed on 3 October 2012.

On 24 August 2017, Jeffreys DCJ sentenced the applicant to an aggregate sentence of 8 years and 6 months to commence…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading El Khouli v R

Details

AGLC: El Khouli v R [2019] NSWCCA 146
Case: [2019] NSWCCA 146
Decision Date: 05 July 2019

CaseChat Overview and Summary

In the High Court of Australia, the case of El Khouli v R was heard. The applicant, El Khouli, sought bail in the context of a pending criminal trial. The prosecution opposed the bail application, citing concerns about public safety and the potential for interference with witnesses. The central issue before the court was whether the applicant met the criteria for bail, specifically whether there were special or exceptional circumstances justifying his release.

The court examined the applicant's history of absconding and breaching bail conditions, his potential to interfere with witnesses, and the risk to public safety. It was noted that El Khouli had a history of failing to appear in court and had previously been denied bail due to similar concerns. The court held that the applicant had not demonstrated any special or exceptional circumstances that would warrant his release on bail. The strength of the appeal was insufficient to overcome the significant risk to public safety and the potential for witness interference.

Accordingly, the court refused the bail application. The judges emphasised the importance of maintaining the integrity of the criminal justice system and ensuring that the public's safety was not compromised. The final orders were that the bail application was dismissed, and El Khouli would remain in custody pending the outcome of his trial.

Orders