Re Hammoud (Application for bail revocation) - [2022] VSC 613

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0062

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for revocation of bail granted to Abdullah Hammoud

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JUDGE:	Tinney J
WHERE HELD:	Melbourne
DATE OF HEARING:	6 October 2022
DATE OF RULING:	6 October 2022
DATE OF REASONS:	17 October 2022
CASE MAY BE CITED AS:	Re Hammoud (Application for bail revocation)
MEDIUM NEUTRAL CITATION:	[2022] VSC 613

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CRIMINAL LAW – Bail – Application for revocation of bail previously granted to respondent – Applicant alleged consistent breaches of conditions of bail by the respondent over extended period of time – Alleged breaches included failure to abide by curfew, reporting and drug testing conditions – Dispute that curfew condition breached – Respondent admitted poor and sporadic compliance with reporting and urinalysis conditions respectively – Clear breaches proved in respect of each condition – Respondent displayed cavalier attitude to compliance with bail conditions – Discussion re appropriate test for revocation - Appropriate and necessary in the circumstances for bail to be revoked – Bail revoked – Respondent remanded in custody – Bail Act 1977 ss 1B, 4E, 18AE, 18AF.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr M Fisher	Ms A Hogan, Solicitor for Public Prosecutions
For the Respondent	Ms K Ljubicic	Theo Magazis & Associates

HIS HONOUR:

Introduction

The Director of Public Prosecutions (‘the applicant’) applied for the revocation of bail granted to Abdullah Hammoud (‘the respondent’) on 5 August 2021 by Coghlan JA.[1]
[1][2021] VSC 496. Whilst the application was heard and bail was granted on 5 August 2021, the published decision of his Honour was dated 16 August 2021.

The application, which was opposed, was based upon the contention by the applicant that the respondent has breached a number of the conditions of bail to which he was subject over an extended period of time. The application was opposed by the respondent.

Having heard the application, I concluded that it was appropriate and necessary for the bail granted to the respondent by Coghlan JA on 5 August 2021 to be revoked. I indicated at the time that I would provide detailed reasons for my decision at a later time. These are those reasons.

Procedural background

As a result of events which occurred on 23 June 2020 and 18 July 2020, the respondent was charged with a number of offences including murder and attempted armed robbery. He was charged and remanded in custody on 21 October 2020.

On 5 August 2021, Coghlan JA, who had earlier heard bail applications on behalf of Adam Tiba (‘Tiba’), Tahmid Rahman (‘Rahman’) and Ammair Fahal (‘Fahal’), granted bail to the respondent on strict conditions including conditions that he:
i.      Reside at his mother’s address;
ii.      Remain at the premises between the hours of 9.00pm and 6.00am each day except in the company of his mother Ibtisam Hammoud or his brother Fawaz Hammoud;
iii.      Present himself at the front…

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 (Application for bail revocation)

Details

AGLC: Re Hammoud (Application for bail revocation) [2022] VSC 613
Case: [2022] VSC 613
Decision Date: 6 October 2022

CaseChat Overview and Summary

The case of Re Hammoud involved an application for the revocation of bail that had previously been granted to the respondent. The applicant, presumably a representative of the state, sought to have the bail revoked due to alleged consistent breaches of the bail conditions by the respondent over an extended period of time. The alleged breaches included failure to abide by curfew, reporting and drug testing conditions. The court had to consider whether these breaches warranted the revocation of the respondent's bail.

The legal issues before the court included determining the appropriate test for revocation of bail under the Bail Act 1977, and whether the respondent's breaches were sufficiently serious to warrant revocation. The respondent admitted to poor and sporadic compliance with the reporting and urinalysis conditions, and the court found clear breaches in respect of each condition. The respondent's cavalier attitude towards compliance with the bail conditions was also noted by the court. After careful consideration of the evidence and the applicable legal principles, the court determined that it was appropriate and necessary to revoke the respondent's bail in the circumstances.

The court found that the respondent's breaches were serious enough to warrant revocation of bail. The respondent's failure to abide by the bail conditions, including the curfew, reporting and drug testing conditions, demonstrated a lack of respect for the legal process and a potential risk to the community. The court concluded that the respondent's behaviour was not consistent with the granting of bail and that it was necessary to revoke the bail to protect the interests of justice. The respondent was remanded in custody pending further court proceedings. The court's decision was based on the appropriate application of the Bail Act 1977 and a thorough consideration of the evidence and legal principles.

Orders