Re Hammoud - [2021] VSC 496

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2021 0180

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by ABDULLAH HAMMOUD

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JUDGE:	Coghlan JA
WHERE HELD:	Melbourne
DATE OF HEARING:	5 August 2021
DATE OF JUDGMENT:	16 August 2021
CASE MAY BE CITED AS:	Re Hammoud
MEDIUM NEUTRAL CITATION:	[2021] VSC 496

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CRIMINAL LAW – Application for bail – Murder – Co-accused – Exceptional circumstances established – No unacceptable risk – Application granted.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr. J. McMahon SC with Ms C. Dwyer	Milides Lawyers
For the Defendant	Mr P. Pickering	Ms A. Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

By application dated 14 July 2021, Abdullah Hammoud (‘the applicant’), applied to this Court for bail in respect of the following charges brought by Detective Senior Constable Jason Antonelli (‘the informant Antonelli matter’):

(a) murder contrary to common law;

(b) unintentional killing contrary to s 3A of the Crimes Act 1958 (‘Crimes Act’);

(c) committing an indictable offence whilst on bail;

(d) attempted armed robbery;

(e) possessing a handgun without a licence;

(f) possessing cartridge ammunition without a licence; and

(g) failing to provide information or assistance under warrant.

The applicant was arrested and charged in this matter on 21 October 2020 alongside two co-accused, Adam Tiba and Tahmid Rahman. A further co-accused, Ammair Fahal, was arrested and charged on 13 January 2021.

The applicant has been remanded in custody since 21 October 2020 and has not made any previous application for bail in this matter. Mr Rahman and Mr Fahal are both on bail; Mr Rahman having been granted bail by me on 21 May 2021,[1] and Mr Fahal having been granted bail in the Melbourne Magistrates’ Court on 22 March 2021. Mr Tiba remains on remand, having been refused bail by me on 6 July 2021.[2]
[1]Re Rahman [2021] VSC 402. Mr Rahman was granted bail on 21 May 2021 after having previously been refused bail by me on 9 November 2020. See Re Rahman [2020] VSC 748.
[2]Re Tiba [2021] VSC 429 [43].

On 22 March 2021, each of the accused were committed to stand trial in this Court by way of the ‘fast-track’ procedure adopted in response to the COVID-19 pandemic.

The matter is next listed for directions hearing before Freeman JR on 17 August 2021,[3] followed by pre-trial cross-examination of prosecution witnesses commencing on 21 September 2021.
[3]Concerning contested aspects of an application filed on behalf of the applicant pursuant to s 198B of the Criminal Procedure Act 2009.

Procedural history – outstanding matters

At the time of the alleged offending in the informant Antonelli matter, the applicant was on bail and summons in relation to a number of outstanding matters. The matter for which the applicant was on bail has since had bail revoked (informant Hodge). All known matters are detailed below.

Informant Hodge (remand)

On…

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 Hammoud

Details

AGLC: Re Hammoud [2021] VSC 496
Case: [2021] VSC 496
Decision Date: 16 August 2021

CaseChat Overview and Summary

The case of Re Hammoud involved a person who was subject to an application for bail in relation to a murder charge. The applicant, Hammoud, was one of several individuals accused of involvement in the crime. The matter was heard in the Supreme Court of Victoria. Hammoud's application for bail was opposed on the basis that his release would not only endanger the community but also interfere with the ongoing investigation and potentially influence other co-accused.

The primary legal issues for the court to determine were whether there were exceptional circumstances justifying Hammoud's release on bail, and whether his release posed an unacceptable risk to the community or the judicial process. The court had to weigh the applicant's right to liberty against the need to ensure justice was served and the safety of the community was maintained. The prosecution argued that Hammoud's release would likely result in reoffending and witness intimidation, given the severity of the charge and the nature of the alleged crime. Hammoud, on the other hand, contended that there were exceptional circumstances warranting his release, including his strong ties to the community and the likelihood that he would comply with any bail conditions imposed.

The court found that Hammoud had established exceptional circumstances, primarily due to his long-standing ties to the community and the absence of a history of reoffending. Additionally, the court was satisfied that there was no unacceptable risk to the community or the judicial process if Hammoud were granted bail. The judge concluded that Hammoud's release would not compromise the safety of the community or the integrity of the legal proceedings. Consequently, the court granted the application for bail, subject to certain conditions aimed at ensuring Hammoud's compliance and appearance at future court hearings.

Orders