Re Al-Mandalawy - [2024] VSC 298

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2024 0059

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an application for bail by RASSOUL AL-MANDALAWY

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JUDGE:	HOLLINGWORTH J
WHERE HELD:	Melbourne
DATE OF HEARING:	1 May 2024
DATE OF JUDGMENT:	5 June 2024
CASE MAY BE CITED AS:	Re Al-Mandalawy
MEDIUM NEUTRAL CITATION:	[2024] VSC 298

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CRIMINAL LAW – Bail – Charges of trafficking and possessing drug of dependence – Commercial quantity – Schedule 1 offence – Committing indictable offences on bail – Requirement to show exceptional circumstances – Nature and seriousness of the alleged offending – Strength of prosecution case – Family support – Availability of residential drug treatment – Criminal history – History of offending while on bail – Delay – Surety – Exceptional circumstances established – Applicant not an unacceptable risk on strict bail conditions – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr D Dann KC with Mr M Sturges	Stephen Andrianakis & Associates
For the Respondent	Mr S Devlin	Office of Public Prosecutions

HER HONOUR:

Background

By notice dated 15 March 2024, the applicant applied for bail on the following charges:

Informant Farrelly

· possess drug of dependence (seven charges)

· possess ammunition without a licence (two charges)

· fail to comply with direction to assist

Informant Osborne

· reckless conduct endangering life

· reckless conduct endangering serious injury

· dangerous driving while being pursued by police

· commit indictable offence while on bail (two charges)

· drive at a speed dangerous to the public (two charges)

· possess drug of dependence

· drive on highway while unlicenced

Informant Bain-King

· possess firearm contrary to a firearm prohibition order

· possess traffickable quantity of firearms

· possess ammunition contrary to a firearm prohibition order

· possess imitation firearm contrary to a firearm prohibition order

· possess drug of dependence (two charges)

· traffick drug of dependence

· traffick commercial quantity of a drug of dependence

· drive on highway while unlicenced (two charges)

· contravene conduct condition of bail (two charges)

· commit indictable offence while on bail.

On 12 April 2023, the applicant was charged and granted police bail in the Farrelly matter.

On 30 August 2023, the applicant was arrested and charged in the Osborne matter. He was brought before the Broadmeadows Magistrates’ Court and granted bail on those charges.

On 21 November 2023, the applicant was arrested, charged and remanded in custody in relation to the Bain-King matter. He was brought before the Melbourne Magistrates’ Court the following day. He was denied bail, and his bail in relation to the Farrelly and Osborne matters was revoked.

He subsequently applied for and was refused bail on two occasions in the Magistrates’ Court, on 27 December 2023 and 27 February 2024.

On 15 March 2024, the applicant filed a notice of intention to apply for bail in this court. The application was heard before me on 1 May…

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 Al-Mandalawy

Details

AGLC: Re Al-Mandalawy [2024] VSC 298
Case: [2024] VSC 298
Decision Date: 5 June 2024

CaseChat Overview and Summary

Re Al-Mandalawy was a case heard in the Supreme Court of Victoria where the applicant, Mr Al-Mandalawy, sought bail pending a trial for charges of drug trafficking and possession of a drug of dependence. The case involved significant quantities of drugs, classified as a commercial amount, and related to offences listed in Schedule 1 of the Crimes (Drugs) Act. The prosecution argued that Mr Al-Mandalawy posed a risk of reoffending while on bail, given his criminal history and instances of offending while previously released on bail.

The legal issues before the court included the determination of whether exceptional circumstances existed to justify bail, considering the nature and seriousness of the alleged offences, the strength of the prosecution's case, the applicant's family support, and the availability of residential drug treatment. Additionally, the court had to weigh the applicant's criminal history and previous instances of offending while on bail, alongside the delay in the proceedings and the adequacy of the surety provided.

The Supreme Court held that the applicant had established exceptional circumstances warranting bail. The court found that the alleged offences were serious, but the applicant's potential for rehabilitation, supported by his family and the availability of residential drug treatment, played a significant role in their decision. The court also considered the delay in the proceedings and the strength of the surety. Ultimately, the court concluded that Mr Al-Mandalawy was not an unacceptable risk to the community if subject to strict bail conditions. Accordingly, the court granted the application for bail.

The final orders included strict bail conditions, such as regular reporting to a bail supervisor, adherence to a curfew, and participation in a residential drug treatment program. The court also stipulated that Mr Al-Mandalawy was to have no contact with certain individuals and was to reside at a specified address. These conditions were designed to mitigate the risk of reoffending while ensuring that Mr Al-Mandalawy could adequately prepare for his upcoming trial.

Orders