Regina v Charbel Rahme

[2003] NSWCA 135

CITATION:	REGINA v Charbel RAHME [2003] NSWCA 135
HEARING DATE(S):	16 May 2003
JUDGMENT DATE:	16 May 2003
JUDGMENT OF:	Mason P at 1; Beazley JA at 20; Ipp JA at 21
DECISION:	Bail revoked.
CATCHWORDS:	CRIMINAL LAW - BAIL - CONVICTION IN DISTRICT COURT - INTENTION TO APPEAL - BAIL ACT 1978, S30AA - "special or exceptional circumstances" - appeal must be most likely to succeed - intended appeal not of this category - bail revoked (ND)
PARTIES :	REGINA v Charbel RAHME
FILE NUMBER(S):	CA 40386/03
COUNSEL:	Appellant: P Calvert Respondent: G Scragg
SOLICITORS:	Appellant: S E O'Connor, Solicitor for Public Prosecutions Respondent: Nyman Gibson Stewart

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	02/11/0426
LOWER COURT JUDICIAL OFFICER :	Woods DCJ

CA 40386/03

MASON P
BEAZLEY JA
IPP JA

Friday 16 May 2003

REGINA v Charbel RAHME

JUDGMENT

1 MASON P: Mr Charbel Rahme, whom I shall refer to as the offender, was tried on indictment in the District Court. The indictment contained seven counts as follows:

1. Between about 4th January 2001 and 8th April 2001, at Sydney in the State of New South Wales, did have sexual intercourse with N, a child then between the age of 10 and 16 years, namely, of the age of 15 years.
2. Between about 4th January 2001 and 8th April 2001 at Sydney in the State of New South Wales, did supply a prohibited drug, namely, cocaine.
3. Between about 4th January 2001 and 8th April 2001, at Sydney in the State of New South Wales, did cause N, a child then under the age of 18 years, namely, of the age of 15 years, to participate in an act of child prostitution with a person whose name is unknown.
4. Between about 4th January 2001 and 8th April 2001 at Sydney in the State of New South Wales, did receive certain money knowing that such money was derived from an act of child prostitution.
5. Between about 4th January 2001 and 8th April 2001 at Sydney in the State of New South Wales, was a person capable of exercising lawful control over certain premises, namely, the “Delarose Escort Agency” located at 551 Princes Highway, Rockdale, in which N, a child then under the age of 18 years, namely, of the age of 15 years, participated in an act of child prostitution.
6. Between about 4th April 2001 and 8th April 2001 at Sydney in the State of New South Wales, did assault N, thereby occasioning to her actual bodily harm.
7. Between 4th April 2001 and 8th April 2001 at Sydney in the State of New South Wales, did detain N with intent to hold her for his advantage.

2 Following a lengthy trial and a lengthy period of deliberation by the jury, he was acquitted on counts two and six, and found guilty on the remaining counts. He was convicted pursuant to the jury’s verdicts.

3 The conviction was entered on 26 March, we were informed,…