R v Raad Fajloun [2007] NSWDC 379

New South Wales District Court

CITATION: R v Raad Fajloun [2007] NSWDC 379

HEARING DATE(S): 13 December 2007

JUDGMENT DATE: 13 December 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

CATCHWORDS: CRIMINAL LAW - Bail application - convicted by jury - need for further psychiatric assessment - security of victim

LEGISLATION CITED: Bail Act, 1978

PARTIES: R Raad Fajloun

FILE NUMBER(S): 06/21/0248

COUNSEL: Ms Herbert (NSWDPP) Dr Webb

JUDGMENT

1. Mr Raad Fajloun has applied for bail. He was convicted by a jury last month of two serious offences involving invading his wife's unit and kidnapping and holding her. Bail was not applied for after the conviction and he has been in custody since then.

2. Today through his counsel, Dr Webb, he applies for bail. A number of bases are put. One basis concerns the need for further psychiatric assessment and, on the bail application, a report by Dr Stephen Allnutt dated 12 December 2007 was tendered. Dr Allnutt does raise the question of doubts about Mr Raad Fajloun's mental state. However, he was not in a position to provide a firm conclusion. For that reason I vacated today's hearing date for the sentence proceedings.

3. Dr Webb submits that the obtaining of further psychiatric evidence will be facilitated by his client being in the community rather than in custody. That may be true, but arrangements have already been made for Dr Allnutt to see Mr Raad Fajloun in custody and Dr Allnutt, as a self-described forensic psychiatrist, would be, I am satisfied, in a position to see a person who is a prisoner in a Corrective Services facility.

4. Dr Webb emphasised his community ties. They are indeed of some substance. He has many family ties.