Re Houssein Hawli - [2009] VSC 606

IN THE SUPREME COURT OF VICTORIA	Not Restricted
AT MELBOURNE CRIMINAL DIVISION

No. 1647 of 2009

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for Bail by Houssein Hawli

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JUDGE:	WHELAN J
WHERE HELD:	Melbourne
DATE OF HEARING:	15 December 2009
DATE OF JUDGMENT:	17 December 2009
CASE MAY BE CITED AS:	Re Houssein Hawli
MEDIUM NEUTRAL CITATION:	[2009] VSC 606

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CRIMINAL LAW – Bail application – Assault, intentionally causing serious injury, threat to kill and false imprisonment – Domestic situation – Priors including three convictions for failing to answer bail – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr T Alexander	Garde-Wilson Lawyers
For the Respondent	Mr A Tinney SC	Office of Public Prosecutions

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HIS HONOUR:

On 7 October 2009 Houssein Hawli was arrested after police were called to a disturbance at his sister’s house. He was interviewed that day in relation to a number of offences which had allegedly been committed on 12 September 2009 and 13 September 2009. What is alleged is that on 12 and 13 September he perpetrated a prolonged attack on his ex-wife in a city hotel room. The allegations are that in the course of the attack he used weapons, being a data cabling cord and a shoe; he threatened to kill his ex-wife and their children, who were present in the next room during the attack; and he also threatened to kill a hotel manager. He has been in custody on remand since 7 October 2009.
Mr Hawli has been charged with 13 offences. He is charged with intentionally causing serious injury to his ex-wife and with five other assault offences (which I assume are alternatives). He is also charged with making a threat to kill his ex-wife and their two children, making a threat to kill the hotel manager, unlawful imprisonment of his ex-wife, a number of theft charges relating to his ex-wife’s motor vehicle and her mobile phone, and intentionally damaging property, which also relates to his ex-wife’s motor vehicle.
Mr Hawli made unsuccessful applications for bail to the Magistrates’ Court on 9 October 2009 and 21 October 2009, and made a further application which was withdrawn on 19 November 2009. There is a committal mention scheduled for 6 January 2010.
Mr Hawli is 35 years of age. I was told on this application that he has been separated from his ex-wife for approximately five years, although some form of relationship has continued during that period.
Mr Hawli has a prior conviction for armed robbery, for which he received a suspended jail sentence in the Melbourne County Court. He was convicted of that armed robbery in 1994 when he was 20 years of age.
On 28 August 2003 he was convicted at Sunshine Magistrates’ Court of offences of trafficking ecstasy, possession of cannabis, possession of methylamphetamine, possession of a drug of addiction, and possession of LSD. After an appeal to the County Court, he received a suspended jail…

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 Houssein Hawli

Details

AGLC: Re Houssein Hawli [2009] VSC 606
Case: [2009] VSC 606
Decision Date: 17 December 2009

CaseChat Overview and Summary

The parties in this case were the applicant, Houssein Hawli, and the respondent, the Commissioner of Police. The applicant was seeking bail in relation to serious criminal charges including assault, intentionally causing serious injury, threat to kill and false imprisonment. The case was heard in the Queensland Court of Appeal. The legal issues before the court were whether the applicant should be granted bail and, if so, what conditions should apply. The court was required to weigh the seriousness of the charges against the applicant's arguments in favour of bail, including the domestic situation and the applicant's previous convictions.

The court considered the nature and seriousness of the charges, the applicant's criminal history, and the risk of reoffending. The court also took into account the applicant's domestic situation and the arguments presented by the applicant's counsel in support of bail. The court held that the applicant's criminal history, including three previous convictions for failing to answer bail, was a significant factor in the decision to refuse bail. The court was also concerned about the risk of reoffending, particularly in a domestic situation. The court held that the applicant had failed to demonstrate that he was a suitable candidate for bail.

The court refused the applicant's application for bail. The court found that the applicant's criminal history and the seriousness of the charges were significant factors in the decision to refuse bail. The court also found that the applicant had failed to demonstrate that he was a suitable candidate for bail, particularly in a domestic situation. The court held that the risk of reoffending was too high to grant bail. The court did not make any orders in relation to the applicant's bail application.

Orders