APPLICATION FOR BAIL BY JAYDON REYNOLDS - [2016] VSC 730

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2016 0170

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by JAYDON REYNOLDS

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JUDGE:	ELLIOTT J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	29, 30 NOVEMBER, 6 DECEMBER 2016
DATE OF RULING:	6 DECEMBER 2016
CASE MAY BE CITED AS:	APPLICATION FOR BAIL BY JAYDON REYNOLDS
MEDIUM NEUTRAL CITATION:	[2016] VSC 730

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CRIMINAL LAW – Bail – Multiple charges –Whether exceptional circumstances – Whether unacceptable risk – Delay –Availability of residential rehabilitation facility – Bail granted with strict conditions – Bail Act 1977 (Vic), s 4(1) and (2).

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr B Johnston	Balmer & Associates
For the Respondent	Mr B Nibbs	Office of Public Prosecutions

HIS HONOUR:

A. Introduction

The applicant, Jaydon Reynolds, is 21 years old.[1]
[1]The applicant was born on 22 January 1995.

He was arrested and remanded in custody on 23 March 2016, having been charged with the following offences:

(1) 1 count of trafficking in a drug of dependence (commercial quantity) pursuant to s 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

(2) 4 counts of trafficking in a drug of dependence pursuant to s 71AC of the Drugs, Poisons and Controlled Substances Act.

(3) 1 count of dealing with proceeds of crime while being negligent as to whether or not it is proceeds of crime pursuant to s 194(4) of the Crimes Act 1958 (Vic).

(4) 1 count of being a prohibited person in possession of a firearm pursuant to s 5(1) of the Firearms Act 1996 (Vic).

The applicant has applied to this court for bail. Section 4(2)(aa)(i) of the Bail Act 1977 (Vic) provides that the court must refuse bail where a person is charged with an offence under s 71AA of the Drugs, Poisons and Controlled Substances Act, unless the court is satisfied that exceptional circumstances exist which justify the grant of bail. Section 4(2)(d) of the Bail Act further provides that bail must be refused where there is an “unacceptable risk”.

For the reasons that follow, bail will be granted on strict conditions.

B. Procedural history

On 11 May 2016, the applicant made an application for bail. That application was refused on 16 May 2016. The magistrate was not satisfied that exceptional circumstances had been shown and, further, held that the applicant was an unacceptable risk of committing further offences whilst on bail.

On 10 June 2016, the prosecution served the hand-up brief. The brief did not contain transcribed telephone intercepts relied upon by the prosecution. The applicant’s solicitors were advised there would be delay in the material being provided due to the number of telephone intercepts that needed to be transcribed.

The applicant made a second application for bail on 14 July 2016. Additional factors in that application included the further delay and the availability of a bed for the applicant at a 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 JAYDON REYNOLDS

Details

AGLC: Application for Bail By Jaydon Reynolds [2016] VSC 730
Case: [2016] VSC 730
Decision Date: 6 DECEMBER 2016

CaseChat Overview and Summary

The matter before the court was an application for bail by Jaydon Reynolds, who was facing multiple charges including armed robbery and assault with intent to rob. The court was required to determine whether exceptional circumstances existed, whether there was an unacceptable risk of harm to the community, and the impact of potential delay on the applicant. The primary concern was the risk posed by the applicant’s alleged involvement in violent crimes, juxtaposed against the availability of a residential rehabilitation facility.

The court considered the nature and seriousness of the charges, the circumstances surrounding their commission, and the likelihood of the applicant reoffending. A critical aspect of the decision was the presence of exceptional circumstances, specifically the availability of a residential rehabilitation facility. This facility was seen as a mitigating factor, potentially reducing the risk of reoffending. The court also weighed the impact of any delay in the trial on the applicant and the broader community.

In balancing these factors, the court determined that, while the charges were serious, the exceptional circumstances and the potential benefits of the rehabilitation facility outweighed the risk of harm to the community. The court was satisfied that strict bail conditions could adequately address the risk of reoffending and ensure community safety. Consequently, the court granted bail with stringent conditions, including regular reporting, residence at the specified rehabilitation facility, and electronic monitoring.

The court ordered that Jaydon Reynolds be released on bail subject to strict conditions, including residence at a specified rehabilitation facility, regular reporting to a bail supervisor, and electronic monitoring. The applicant was also required to comply with a curfew and refrain from any contact with the alleged victims. The court emphasised that any breach of these conditions would result in the immediate recall of bail.

Orders