R v Mikel Fajloun [2007] NSWDC 378

New South Wales District Court

CITATION: R v Mikel Fajloun [2007] NSWDC 378

HEARING DATE(S): 13 December 2007

JUDGMENT DATE: 13 December 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Application for bail is refused.

CATCHWORDS: CRIMINAL LAW - Bail application - convicted by jury - likelihood of full-time custody sentence - need to obtain psychiatric evidence - strong community ties and impact on family

LEGISLATION CITED: Bail Act, 1978

PARTIES: R Mikel Fajloun

FILE NUMBER(S): 06/21/0247

COUNSEL: Ms Herbert

SOLICITORS: Mr Tabchouri

JUDGMENT

1. Mr Mikel Fajloun applies for bail. He was convicted along with his brother, by a jury, of two very serious offences. The convictions were last month. The offences involved the violent entry into the unit of Mr Raad Fajloun's (Mr Mikel Fajloun's brother) estranged wife, kidnapping her and detaining her at another place. The events were accompanied by physical violence and the use of an axe to break down a door. The victim was literally dragged from her home and put into a car driven by Mr Mikel Fajloun.

2. Mr Tabchouri, who appeared for him today, supported his application for bail on the basis of the need to obtain psychiatric evidence. It would be much easier to obtain it if he was at liberty than if he were in custody. He emphasised the fact that his client is a contributor to the mortgage on the family home. The mortgage is overdue and his family is in significant financial difficulty. He emphasised Mr Mikel Fajloun's community ties. He emphasised as well the different role which his client played in the offences compared with Mr Raad Fajloun.

3. I regard the significant factor in this case as the fact that he has been convicted of two very serious offences by a jury. Once again it seems to me to be likely, although I do not pre-judge this, that he will face a period of full-time custody. The obtaining of any psychiatric evidence in order to support his case on sentence may be more difficult or expensive because he is in custody but it can still be obtained and will not prejudice his position.