| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1502 of 2001
| IN THE MATTER of an application for bail by ANTONIOS MOKBEL |
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JUDGE: | Kellam J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 26, 27 and 28 March 2002 | |
DATE OF JUDGMENT: | 26 April 2002 | |
CASE MAY BE CITED AS: | Mokbel v DPP | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 127 | Revised 27 June 2002 |
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Bail – further application for bail – submission that new facts or circumstances exist – drug trafficking – briefs of evidence delivered disclosing witnesses – whether or not absence of "informer" from witness list is a new fact or circumstance – change in financial circumstances‑delay – Bail Act 1977 ss.4(2)(aa),18(4).
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr R. Redlich QC with Ms N. Gobbo | Valos Black & Associates |
| For the Director of Public Prosecutions Victoria | Mr W. Morgan-Payler QC with Miss G. Cannon | Office of Public Prosecutions Victoria |
| For the Director of Public Prosecutions Commonwealth | Mr S. O'Sullivan | Director of Public Prosecutions Commonwealth |
HIS HONOUR:
On 24 August 2001, Antonios Mokbel ("the applicant"), was arrested by Victorian police and charged with 11 offences contrary to the Drugs Poisons and Controlled Substances Act 1981. On the same day he was charged by an Australian Federal Police officer with one count of being knowingly concerned with an importation into Australia of a prohibited import, namely, a traffickable quantity of cocaine, contrary to s.233B(1)(d) of the Customs Act 1901.
On 5 September 2001, the applicant applied to the Magistrates' Court for bail on both the State and the Commonwealth matters. The bail hearing occupied three days and on 7 September 2001 the magistrate granted the applicant bail upon a surety of one million dollars together with stringent conditions as to reporting together with other conditions. A notice of appeal was filed in this Court by the Victorian State and the Commonwealth Directors of Public Prosecutions pursuant to s.18A of the Bail Act 1977 from the magistrate's order of 7 September 2001.
The matter came on for hearing before Cummins J on 1 October 2001, upon which date Cummins J allowed both appeals against the decision of the magistrate. On that date the applicant was committed to custody to await his trial. Subsequently, on 19 October 2001, Cummins J handed down written reasons for his decision. (See DPP v Antonios Mokbel [2001] VSC 403.)
The judgment of Cummins J (at pp.2-4) contains a useful summary of the background to the arrest of the applicant and I quote:
"The State charges comprehended a substantial chronological period: 12 October 2000 to 24 August 2001. The Commonwealth charge comprehended a quantity of pure cocaine almost 1,000 times greater than the traffickable quantity of 2 grams (Schedule VI Customs Act 1901), and more than six times the "commercial quantity" as defined by the Drugs Poisons and Controlled Substances Act 1981, Part 3, Schedule XI. A Victoria Police operation and task force had been monitoring the activities of…
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- AGLC
- Mokbel v DPP [2002] VSC 127
- Case
- [2002] VSC 127
- Decision Date
CaseChat Overview and Summary
The court examined the criteria outlined in the Bail Act 1977, specifically sections 4(2)(aa) and 18(4), to determine if the absence of the informer was a new fact or circumstance. The court found that the absence of the informer was not a new fact or circumstance because it was not a development that occurred after the initial bail application. The court also considered the change in financial circumstances and the delay in applying for bail but found these factors did not meet the threshold required to warrant a reconsideration of the bail decision. The appeal was dismissed.
The court concluded that the appellant had not demonstrated new facts or circumstances that would warrant a reconsideration of the bail decision. The absence of the informer, the change in financial circumstances, and the delay in applying for bail were not sufficient grounds to alter the original decision. The Supreme Court of Victoria upheld the denial of bail for the appellant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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