Application for Bail by BLC - [2022] VSC 128

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0266

IN THE MATTER of the *Bail Act 1977*
v
IN THE MATTER of an application for bail by BLC	Applicant

---

JUDGE:	Jane Dixon J
WHERE HELD:	Melbourne
DATE OF HEARING:	10 and 15 March 2022
DATE OF RULING:	15 March 2022
CASE MAY BE CITED AS:	Application for Bail by BLC
MEDIUM NEUTRAL CITATION:	[2022] VSC 128

---

CRIMINAL LAW – Bail – Applicant charged with manslaughter – Applicant subject to Community Corrections Order at the time of offending – Lengthy prior criminal history – Delay – Vulnerability in custody due to epilepsy – Whether exceptional circumstances established – Whether unacceptable risk – Bail granted– Bail Act 1977 – ss 1B, 3AAA, 4AA, 4E.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr A Chernok	Melinda Walker Criminal Solicitors
For the Respondent	Mr D Karamicov	Office of Public Prosecutions

HER HONOUR:

Introduction

The applicant [BLC] seeks bail on a single charge of manslaughter alleged to have been committed on 19 December 2019. He is awaiting trial in this Court with no fixed date for trial. He is next due to appear before this Court on 24 March 2022 for a Directions Hearing.

This application was first listed before me on 10 March 2022. Documents filed before this Court include a Notice of Application for Bail filed on 21 February 2022 by the applicant, and an affidavit in support of bail dated 21 February 2022 and filed on 25 February 2022 on behalf of the applicant. The respondent has filed an affidavit in response dated 1 March 2022 and filed on that date.

The matter was adjourned part heard to allow for a Court Integrated Services Program (‘CISP’) assessment and report. That report was received on 11 March 2022.[1] Prior to resuming, the Court also received further materials from both the respondent[2] and the applicant, which included further information from Corrections Victoria and Justice Health staff in relation to the conditions in custody for [BLC].[3] The matter then resumed and concluded on 15 March 2022.
[1]Report of Fiona Devlin, Assessment & Referral Practitioner, CISP Remand Outreach Program.
[2]Being a table of the applicant’s history of family violence offending prepared by the informant Detective Senior Constable Kallyn Gent (Respondent Exhibit 4 on this application).
[3]Being: certificates of courses completed by the applicant in prison (Applicant exhibit 4), a urine drug screen result dated 16 July 2021 (applicant exhibit 5), an email containing questions and answers between the applicant’s representatives and Jennifer Hosking (applicant exhibit 6), and an email containing questions and answers between the applicant’s representatives and Scott Swanwick (applicant exhibit 7).

Following the alleged offending on 15 December 2019, the applicant was charged on 9 April 2021 with one charge of manslaughter, and a filing hearing occurred that day. No application was made for bail. Committal proceedings commenced on 23 September 2021 and were adjourned part heard and then completed on 30 September 2021. The…

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 BLC

Details

AGLC: Application for Bail by BLC [2022] VSC 128
Case: [2022] VSC 128
Decision Date: 15 March 2022

CaseChat Overview and Summary

In the application for bail by BLC, the respondent, charged with manslaughter, sought release from custody. The case was heard in the Magistrates' Court of Victoria. The respondent was under a Community Corrections Order at the time of the alleged offence and had a significant criminal history. The prosecution opposed bail due to the seriousness of the charge and the respondent's criminal history, while the defence argued for bail on the basis of the respondent's vulnerability in custody, particularly due to epilepsy.

The court had to determine whether exceptional circumstances existed to justify bail, as outlined in section 1B of the Bail Act 1977. Additionally, the court assessed whether the respondent posed an unacceptable risk to the community or any person if released on bail, as required by sections 3AAA and 4AA of the Act. The court also considered the delay in the proceedings and the respondent's vulnerability in custody, including the impact of epilepsy, under section 4E of the Act.

After careful consideration, the court found that exceptional circumstances were present due to the respondent's vulnerability in custody and the delay in the proceedings. The court concluded that the risk to the community was not unacceptable, given the evidence presented. The court granted bail, subject to specific conditions to ensure the safety of the community and the proper conduct of the respondent while on bail.

The court ordered the respondent to be released on bail, subject to conditions including regular check-ins with a parole officer, adherence to a curfew, and refraining from contact with any witnesses in the case. The respondent was also required to reside at a specified address and to comply with any further conditions the court deemed necessary.

Orders