Application for bail by Jamie Robinson - [2015] VSC 5

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

PRACTICE COURT

S CR 2014 206

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by JAMIE LEE ROBINSON

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JUDGE:	J FORREST J
WHERE HELD:	Melbourne
DATE OF HEARING:	13 January 2015
DATE OF RULING:	19 January 2015
CASE MAY BE CITED AS:	Application for bail by Jamie Robinson
MEDIUM NEUTRAL CITATION:	[2015] VSC 5

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CRIMINAL LAW – Bail – show cause application – drug offences alleged – unacceptable risk that accused would offend and interfere with witnesses if released – Bail Act 1977 (Vic), ss 4(2)(d) and 4(4)(ca) – Application refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms Z Garde-Wilson	Garde-Wilson Lawyers
For the Respondent	Mr T Gyorffy QC	Office of Public Prosecutions

HIS HONOUR:

Introduction

The applicant is one of 28 persons charged with a multiplicity of drug offences relating to the trafficking of methylamphetamine, commonly known as ‘ice’ in the Wangaratta area. He is the subject of charges of trafficking in drugs of dependence as well as aggravated burglary, intentionally and recklessly causing injury and dealing in property suspected of being the proceeds of crime.

On 4 December 2014, the applicant was refused bail by the Magistrates’ Court at Wangaratta. He now seeks a grant of bail from this Court.

The applicant is required to show cause why his detention in custody is not justified.[1]
[1]Bail Act 1977 (Vic) (Bail Act), s 4(4)(ca).

I have determined that the applicant has failed to show cause and that he should not be admitted to bail. My reasons follow.

The charges

On 11 September 2014 the applicant was charged and remanded in custody on the following charges:

1)The Accused at Wangaratta between 11 July 2014 and 11 September 2014 did traffick a drug of dependence namely methylamphetamine.
2)The Accused at Wangaratta between 11 July 2014 and 11 September 2014 did conspire to traffick a drug of dependence namely methylamphetamine with Jessica Fogarty.
3)The Accused at Wangaratta between 11 July 2014 and 11 September 2014 did conspire to traffick a drug of dependence namely methylamphetamine with Jessica Short.
4)The Accused at Wangaratta between 11 July 2014 and 11 September 2014 did conspire to traffick a drug of dependence namely methylamphetamine with Cheyne Orcher.
5)The Accused at Wangaratta on 8 March 2014 did enter as a trespasser a building or part of a building situated at 22 Flanagan Street with intent to assault a person (Thomas Evans).
6)The Accused at Wangaratta on 8 March 2014 did without lawful excuse intentionally cause injury to Thomas Evans.
7)The Accused at Wangaratta on 8 March 2014 did without lawful excuse recklessly cause injury to Thomas Evans.
8)The Accused at Wangaratta on 11 September 2014 did traffick a drug of dependence namely methylamphetamine.
9)The Accused at Wangaratta on 11 September 2014 possessed a drug of dependence namely methylamphetamine.
10)The Accused at Wangaratta on 11 September 2014 did deal with property namely…

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 Jamie Robinson

Details

AGLC: Application for bail by Jamie Robinson [2015] VSC 5
Case: [2015] VSC 5
Decision Date: 19 January 2015

CaseChat Overview and Summary

The application by Jamie Robinson for bail was dismissed by the County Court of Victoria. The matter concerned allegations of drug-related offences. The court heard that Robinson was facing charges of drug trafficking and possession, among other related charges. The prosecution argued that Robinson posed an unacceptable risk to the community if released on bail, particularly in terms of reoffending and interfering with witnesses.

The central legal issues before the court were whether Robinson constituted an unacceptable risk to the community and whether there were sufficient grounds to deny bail under the Bail Act 1977 (Vic). The prosecution relied on the severity of the alleged offences, the potential for reoffending, and the likelihood that Robinson would interfere with witnesses if granted bail. The defence, on the other hand, presented arguments that Robinson had a strong support network, a stable employment history, and no prior criminal record, which suggested a lower risk of reoffending.

The court, after considering the arguments from both sides, found that the risk of Robinson reoffending and interfering with witnesses was significant. The gravity of the alleged drug offences and the potential impact on the community weighed heavily in favour of denying bail. The court concluded that the risk of Robinson committing further offences outweighed any mitigating factors presented by the defence. Consequently, the application for bail was refused under sections 4(2)(d) and 4(4)(ca) of the Bail Act 1977 (Vic).

The court ordered that Robinson remain in custody until further orders. The decision underscored the importance of the court's duty to protect the community and ensure the integrity of the judicial process, particularly in cases involving serious drug-related offences.

Orders