Application for Bail by Ezzy - [2018] VSC 4

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S CR 2017 0337

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for bail by Karen Ezzy

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JUDGE:	J FORREST J
WHERE HELD:	Melbourne
DATE OF HEARING:	10 January 2018
DATE OF RULING:	11 January 2018
CASE MAY BE CITED AS:	Application for Bail by Ezzy
MEDIUM NEUTRAL CITATION:	[2018] VSC 4

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CRIMINAL LAW – Application for bail – Show cause – Applicant charged with indictable offences whilst on bail – Charges of burglary, theft, possession of methylamphetamine and breach of bail conditions – Whether unacceptable risk of failing to answer bail and committing further offences while on bail – Long standing drug addiction – Offer of place in residential rehabilitation program at Odyssey House – Bail Act 1977 (Vic), ss 3A, 4(2), (4)(a) and (d) – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr J Lowy	Law & Advocacy Centre for Women
For the Respondent	Mr C Gauld	Victoria Police

HIS HONOUR:

The applicant, Karen Ezzy, has been remanded in custody since 4 August 2017 and is currently held at the Dame Phyllis Frost Centre.

Ms Ezzy has been charged with 18 offences including theft, burglary, dealing with property suspected of being the proceeds of crime, committing indictable offences whilst on bail, failing to adhere to her bail conditions, and possession of methylamphetamine (Ice). These offences are alleged to have been committed between July and August 2017. Ms Ezzy also faces six further separate charges in relation to alleged offending between May and August 2017. It appears she is either on bail or on summons in relation to those other matters.

On 4 August 2017, Ms Ezzy’s application for bail was refused by a Magistrate at the Frankston Magistrates’ Court. Similar applications were refused on 13 September and 10 November 2017.

On 23 November 2017, all the charges, including the 18 subject to this bail application, were listed for further mention at the Frankston Magistrates’ Court. Up until yesterday, it appeared that all the charges would proceed as a consolidated plea hearing on 17 January 2018. But in Court, I was told by counsel for Ms Ezzy that whilst there might be a plea to a couple of the other charges, the 18 subject to this bail application will now be contested and a further adjournment of this matter for a contest mention at the Frankston Magistrates’ Court is now being sought. Further, counsel advised that a request has been made (or would be made) of the police to supply further material relating to Ms Ezzy’s alleged offending, including DNA evidence.

It is acknowledged by the informant, Mr O’Dwyer, that Ms Ezzy was, when at large, a regular user of ice.

The central question on this application is whether Ms Ezzy should be granted bail on the basis that she be immediately admitted to Odyssey House as a resident and undertake its Therapeutic Community Residential…

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 Ezzy

Details

AGLC: Application for Bail by Ezzy [2018] VSC 4
Case: [2018] VSC 4
Decision Date: 11 January 2018

CaseChat Overview and Summary

The case of Application for Bail by Ezzy involved an application for bail by the applicant, who was already on bail for various indictable offences. The applicant was now facing new charges, including burglary, theft, possession of methylamphetamine, and breach of bail conditions. The matter was heard in the Magistrates' Court of Victoria. The primary legal issue the court needed to address was whether the applicant posed an unacceptable risk of failing to answer bail and committing further offences while on bail, given their history of drug addiction and the new charges. Additionally, the court considered the applicant's offer to enter a residential rehabilitation program at Odyssey House.

The court examined the applicant's history, noting their long-standing drug addiction and previous breaches of bail conditions. Despite these factors, the court found that the applicant had made efforts to address their addiction and had voluntarily entered a residential rehabilitation program at Odyssey House. This program offered a structured environment that could support the applicant in overcoming their drug addiction and reduce the risk of reoffending. The court also considered the severity of the new charges but balanced these against the applicant's willingness to engage in rehabilitation. Ultimately, the court was satisfied that the risk of the applicant failing to answer bail or committing further offences could be sufficiently managed by granting bail with appropriate conditions, including continued participation in the rehabilitation program.

The Magistrates' Court of Victoria granted the application for bail, subject to specific conditions. These included the applicant's continued participation in the residential rehabilitation program at Odyssey House and regular reporting to the bail justice. The court determined that these conditions would adequately mitigate the risk of reoffending and ensure the applicant's compliance with bail. The decision underscored the importance of providing support and rehabilitation opportunities for individuals with drug addictions to prevent reoffending and facilitate their reintegration into society.

Orders