APPLICATION FOR BAIL BY CHATTERS - [2017] VSC 2

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S CR 2017 0001

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an application for bail by ASHLEIGH-SUE CHATTERS

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JUDGE:	ELLIOTT J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	4 JANUARY 2017
DATE OF RULING:	4 JANUARY 2017
CASE MAY BE CITED AS:	APPLICATION FOR BAIL BY CHATTERS
MEDIUM NEUTRAL CITATION:	[2017] VSC 2

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CRIMINAL – Application for bail – Show cause situation – Charged with indictable offence while on bail – Whether an unacceptable risk – Intentionally or recklessly causing a bushfire – No direct evidence of the commission of the alleged offences – No prior related offences – No prior convictions in Victoria and limited convictions interstate – Relative youth of the accused – Availability of support and supervision from Community Mental Health Services – Availability of alternative stable accommodation – Availability of support and undertakings from Salvation Army – Bail Act 1977 (Vic), s 4(1), (2) and (4)(a) – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr T McCulloch	Victoria Legal Aid
For the Respondent	Mr M Roper	Victoria Police

HIS HONOUR:

A. Introduction

The applicant, Ashleigh-Sue Chatters, is 23 years old and is presently on remand. She was arrested on 29 December 2016 and charged with 4 counts of intentionally causing a bushfire.[1] She was held at the Melbourne Custody Centre until the afternoon of 30 December 2016. Since that time she has been held at the Dame Phyllis Frost Centre. She applies for bail.
[1]According to the remand summary exhibited to the affidavit in support of the application, the 4 counts of intentionally causing a bushfire contrary to s 201A of the Crimes Act 1958 (Vic) relate to 2 incidents which occurred on 28 and 29 December 2016. The charge-sheet was not exhibited or otherwise tendered.

This is the first time that she has been held in custody. She has found the experience confronting and feels unsafe. It is not an experience she intends to revisit if she is granted bail.

B. Present charges

The present charges giving rise to the applicant being held on remand relate to 2 grass fires that occurred at 2 separate locations in Parkville on 28 and 29 December 2016.

The first of the fires occurred in grassland adjacent to the applicant’s then residence in Parkville. However, there is no evidence presently indicating that she was anywhere within the vicinity of the fire itself on 28 December 2016.

The second fire occurred along a bike path in Parkville between Flemington Bridge and Royal Park railway stations. A call was made to 000 at the time of the fire and the caller stated that a person with dark coloured clothing and a dark coloured backpack was in the area both before the fire and at the time the fire was burning.

Approximately 30 minutes later the applicant was arrested by police whilst standing 200 to 300 metres from the location…

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 CHATTERS

Details

AGLC: Application for Bail By Chatters [2017] VSC 2
Case: [2017] VSC 2
Decision Date: 4 JANUARY 2017

CaseChat Overview and Summary

The case of Chatters involved an application for bail in which the applicant, while already on bail, was charged with indictable offences relating to the alleged intentional or reckless causation of a bushfire. The matter was heard in the Supreme Court of Victoria. The central legal issue for the court was whether the applicant posed an unacceptable risk to the community that would preclude the granting of bail, given the seriousness of the new charges.

The court considered several factors in reaching its decision. Notably, there was no direct evidence of the commission of the alleged offences, and the applicant had no prior related offences or convictions in Victoria, with only limited convictions interstate. Additionally, the applicant's relative youth, the availability of support and supervision from Community Mental Health Services, and the availability of alternative stable accommodation and support from the Salvation Army were all taken into account. The court found that these mitigating factors, coupled with the absence of direct evidence of the commission of the alleged offences, did not establish an unacceptable risk to the community. The court's reasoning aligned with the principles set out in the Bail Act 1977 (Vic), particularly sections 4(1), (2) and (4)(a), which emphasise the need to balance the risk to the community against the applicant's right to liberty.

In light of its findings, the court granted the application for bail. The applicant was required to adhere to strict bail conditions to ensure community safety and the likelihood of attendance at future court hearings. These conditions included residing at a specified address, reporting to a bail supervisor, and refraining from contact with certain individuals. The decision underscores the importance of a nuanced approach to bail applications, taking into account the totality of the circumstances and the statutory framework governing such decisions.

Orders