Application for Bail by AA - [2015] VSC 700

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2015 0173

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by AA

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JUDGE:	JANE DIXON J
WHERE HELD:	Melbourne
DATE OF HEARING:	4 and 7 December 2015
DATE OF JUDGMENT:	8 December 2015
CASE MAY BE CITED AS:	Application for Bail by AA
MEDIUM NEUTRAL CITATION:	[2015] VSC 700

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CRIMINAL LAW – Bail – Applicant aged 17 – Show cause situation – Unacceptable risk of offending on bail – Bail Act 1977 (Vic) ss 4(2)(d), 4(3), 4(4).

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr A Pyne	Victoria Legal Aid
For the Respondent	Mr C Gauld	Victoria Police

HER HONOUR:

Background

This application for bail was made to this Court on an urgent basis at 9.05 am on the morning of Friday, 4 December 2015, by the filing of an affidavit of Sarah Wood, Victoria Legal Aid, in support of the application. The respondent’s affidavit in opposition to the application was filed at 1.44 pm.

I heard the application at 2.15 pm that day. After hearing submissions and evidence called by the applicant, I adjourned the matter until 12 pm on Monday, 7 December 2015, in order for the parties to obtain further instructions.

At 11.24 am on 7 December 2015, the respondent filed a further affidavit in opposition. At the start of the hearing at 12 pm, counsel for the applicant informed me that the applicant’s mother was due to give evidence, but was not present in court. She, together with the applicant’s uncle, was available to support the applicant after the luncheon adjournment. After an interpreter was arranged with the assistance of the registry, she was able to give evidence.

After hearing the parties’ submissions and evidence, I reserved my ruling to 11 am on Tuesday, 8 December 2015.

I have stated the above by way of background, and note that application has been conducted somewhat disjointedly.

The applicant, aged 17 (born 2 November 1998), is facing charges laid by Senior Constable Ben Hughes of Geelong police, including eight charges relating to the period of late September to October 2015 (the ‘first Hughes brief’).

He is currently remanded to 10 December 2015, having been refused bail on 30 November 2015 at Geelong Children’s Court.

The applicant has been in custody since 28 November 2015.

The first Hughes brief includes charges relating to an unprovoked assault allegedly committed by the applicant at an underage nightclub in Geelong on 18 September 2015, in which the victim, NC, received lacerations and swelling to his face. The applicant has made admissions to that assault.

The applicant was also charged as a joint offender with PP (born 2 June 2000) and JR (born 6 November 2000) in respect of a number of offences.

These include a burglary at 11 Colpin Avenue, Ballarat, at approximately 5:30 am on 14 October 2015, where the rear door of the home…

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 Application for Bail by AA

Details

AGLC: Application for Bail by AA [2015] VSC 700
Case: [2015] VSC 700
Decision Date: 8 December 2015

CaseChat Overview and Summary

The parties in this case were an applicant, referred to as AA, and the respondent, the State of Victoria. The applicant, aged 17, was seeking bail in relation to a criminal matter. The nature of the dispute centred on whether the applicant should be granted bail under the Bail Act 1977 (Vic). The matter was heard in the County Court of Victoria.

The primary legal issues that the court had to decide were whether the applicant presented an unacceptable risk of reoffending if granted bail and whether the conditions of bail could be set to mitigate this risk. The court also needed to consider the applicant's age, background, and the seriousness of the charges against them when making its determination. The court was required to apply relevant sections of the Bail Act 1977 (Vic), including sections 4(2)(d), 4(3), and 4(4).

The court found that the applicant did present an unacceptable risk of reoffending if granted bail, primarily due to the seriousness of the charges and the applicant's history of offending. The court concluded that the risk of reoffending outweighed the considerations in favour of granting bail, such as the applicant's age and the potential for rehabilitation. The court set strict bail conditions, including electronic monitoring and a curfew, in an attempt to mitigate the risk of reoffending. Ultimately, the court refused bail, finding that the conditions that could be set were not sufficient to address the unacceptable risk of reoffending.

The court ordered that the applicant remain in custody pending the outcome of the criminal proceedings against them. The court also ordered that the applicant's case be listed for a directions hearing to ensure that the proceedings were proceeding efficiently and effectively.

Orders