Re Abdulrahim - [2017] VSC 411

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S CR 2017 0020

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an application for Bail by SAM ABDULRAHIM

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JUDGE:	Weinberg AP
WHERE HELD:	Melbourne
DATE OF HEARING:	14 July 2017
DATE OF REASONS:	17 July 2017
CASE MAY BE CITED AS:	Re: Application for Bail by Sam Abdulrahim
MEDIUM NEUTRAL CITATION:	[2017] VSC 411

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CRIMINAL LAW – Application for bail – Charges of culpable driving causing death and related offences – Charged with further offences arising out of separate incidents including affray and assault while on bail – Applicant in ‘show cause situation’, having been charged with indictable offence while on bail - Whether ‘unacceptable risk’ of failing to answer bail and of committing further offences while on bail and of endangering safety and welfare of members of public – Bail refused – Bail Act 1977 ss 4(a) and (d) .

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr I Hill QC	Melasecca Kelly & Zayler
For the Respondent	Mr D P Hannan	Mr J Cain, Solicitor for Public Prosecutions

HIS HONOUR:

On 14 July 2017, I heard an application for bail on behalf of Sam Abdulrahim, now aged 25. I refused bail, and indicated that I would publish reasons at a later stage. These are my reasons.

The applicant was charged with causing death by culpable driving, and various related offences, arising out of a fatal collision that occurred on 10 July 2015. These matters are the subject of a County Court trial that is currently scheduled to commence on 20 November 2017.

After being interviewed and charged with these offences, the applicant was bailed on his own undertaking.

Subsequently, on 5 December 2015, the informant made an application in the Magistrates’ Court to vary the applicant’s bail so as to include a condition that he not drive a motor vehicle. That application was opposed by the applicant, who was present in Court. The particular incident that prompted the variation application arose out of an interception by police of the applicant on 6 November 2015. He was seen to be driving a motor vehicle in an erratic manner, including having overtaken another vehicle over a single white line. The applicant produced a South Australian driver licence to police. Inquiries revealed that he had made an application on 23 July 2015 to obtain such a licence, but had given a false address to do so.

The application for variation of bail was granted by the magistrate, who found that the applicant had acted dishonestly in obtaining the South Australian licence. Accordingly, as from that day, the applicant was no longer permitted to drive in this State.

Subsequently, a contested committal on the charge of culpable driving, and the related matters, was heard on 8 and 9 February 2016. On that day, the applicant was committed for trial, and granted trial bail.

In or about November 2016, the applicant was…

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 Re Abdulrahim

Details

AGLC: Re: Application for Bail by Sam Abdulrahim [2017] VSC 411
Case: [2017] VSC 411
Decision Date: 17 July 2017

CaseChat Overview and Summary

The parties involved in this case are the applicant, Abdulrahim, and the respondent, the Director of Public Prosecutions (DPP). Abdulrahim is facing charges of culpable driving causing death and related offences. Additionally, he has been charged with further offences arising out of separate incidents, including affray and assault, while on bail for the initial charges. The dispute pertains to the grant of bail to Abdulrahim, considering his history of alleged criminal activities while already on bail. The court involved in this case is the relevant tribunal or magistrate's court handling bail applications.

The legal issues the court was required to decide pertain to the assessment of the risk posed by Abdulrahim to the public and the likelihood of him failing to answer bail. The court had to determine whether there was an unacceptable risk that Abdulrahim would fail to appear in court if granted bail and whether there was a risk that he would commit further offences while on bail. The court was also required to consider the potential danger to the safety and welfare of the public if bail was granted.

The court, in its reasoning, found that Abdulrahim was in a'show cause situation', having been charged with an indictable offence while on bail. The court held that there was an unacceptable risk that Abdulrahim would fail to answer bail and that there was a significant risk he would commit further offences while on bail. Additionally, the court considered the potential danger to the safety and welfare of the public if bail was granted. Consequently, the court found that Abdulrahim should remain in custody and refused bail under sections 4(a) and (d) of the Bail Act 1977.

In conclusion, the court's decision was to refuse bail to Abdulrahim due to the unacceptable risk of him failing to appear in court, the risk of him committing further offences while on bail, and the potential danger to the safety and welfare of the public if granted bail. The final orders of the court were that Abdulrahim should remain in custody until his matters are heard in court.

Orders