R v Joseph Antoun; R v Antoine Antoun

It is to be noted that, in that passage, Kirby P and Sheller JA seem to envisage that there may be grounds other than the merits of the appeal which would satisfy the s30AA test. Where the application is based only on the ground of the merits of the appeal, the passage has application but these remain open to the possibility that there are potentially other circumstances that might merit the grant of bail. 16 In our opinion bail ought to be granted in each of these cases. Antoine Antoun will be eligible for release on parole in less than three months from now. He has a limited criminal history. There is no way of forecasting when a decision in the matter would be given by the High Court. In our opinion, having regard to his compliance with bail conditions pending trial, and again pending appeal to this Court, there is no reason to fear his non-attendance. To deprive him of bail at this stage may very well deprive him of the benefit of his appeal, should he be successful. 17 To a lesser extent the same can be said of Joseph Antoun, although two circumstances distinguish his case from that of Antoine Antoun. Firstly, his sentence is considerably lengthier, and he will not be eligible for release on parole for more than another two years. Further, his criminal history is significantly more extensive and has some extremely serious entries. Nevertheless, there was no material put before this Court to show non-compliance with his bail conditions on the two previous occasions, and nothing was put before the court to suggest that he would not answer his bail undertaking. 18 The court received affidavit evidence sworn by a brother of both applicants concerning security which had been offered on previous occasions and which is again offered. 19 We consider these to be sufficiently special and/or exceptional circumstances to justify a grant of bail. We propose that each applicant be granted bail, subject to conditions.

The conditions of bail for Mr Joseph Antoun are as follows:

1. the applicant is to reside at 53 Pile Street, Marrickville;
2. one acceptable person is to enter into an agreement to forfeit the sum of $10,000 if he fails to comply with his bail undertaking. Mr Nemer Antoun of 55 Pile Street Marrickville is an acceptable person. Such agreement is to be secured by cash deposit. Any person acceptable to the Justice to whom the cash security is tendered is acceptable to the court;
3. the applicant is to report to the Officer in Charge of the Marrickville Police Station between 8.00 am and 8.00 pm on Mondays, Thursdays and Saturdays of each week, the first such reporting to occur on the day of his release to the bail now granted;
4. the applicant is to surrender any current passport held by him to the officer in charge of police at Marrickville Police Station. He is to do so upon the first reporting, as required by condition 3 above;
5. the applicant is to stay away from international points of arrival and departure;
6. the applicant is not to apply for any new passport or travel documents;
7. the applicant is to be of good behaviour;
8. the applicant is not to approach or in any way communicate or attempt to communicate with any Crown witnesses;
9. the applicant is to prosecute his appeal to the High Court with due diligence;
10. on the date of judgment of the High Court the applicant is to surrender himself to the Sheriff of the Supreme Court of New South Wales for the purpose of complying with such orders as the High Court may make;
11. bail may be entered before a Sheriff of the Supreme Court of New South Wales or before the Proper Officer of the Court of Criminal Appeal for the State of New South Wales.

The conditions of bail for Mr Antoine Antoun are as follows:

1. the applicant is to reside at 44 Unwins Bridge Road, St Peters;
2. one acceptable person is to enter into an agreement to forfeit the sum of $10,000 if he fails to comply with his bail undertaking. Mr Nemer Antoun of 55 Pile Street Marrickville is an acceptable person. Such agreement is to be secured by cash deposit. Any person acceptable to the Justice to whom the cash security is tendered is acceptable to the court;
3. the applicant is to report to the Officer in Charge of the Marrickville Police Station between 8.00 am and 8.00 pm on Mondays, Thursdays and Saturdays of each week, the first such reporting to occur on the day of his release to the bail now granted;
4. the applicant is to surrender any current passport held by him to the officer in charge of police at Marrickville Police Station. He is to do so upon the first reporting, as required by condition 3 above;
5. the applicant is to stay away from international points of arrival and departure;
6. the applicant is not to apply for any new passport or travel documents;
7. the applicant is to be of good behaviour;
8. the applicant is not to approach or in any way communicate or attempt to communicate with any Crown witnesses;
9. the applicant is to prosecute his appeal to the High Court with due diligence;
10. on the date of judgment of the High Court the applicant is to surrender himself to the Sheriff of the Supreme Court of New South Wales for the purpose of complying with such orders as the High Court may make;
11. bail may be entered before a Sheriff of the Supreme Court of New South Wales or before the Proper Officer of the Court of Criminal Appeal for the State of New South Wales.

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