| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0145
IN THE MATTER of the Bail Act 1977 (Vic)
and
IN THE MATTER of an Application for Bail by MURAT KAYA
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JUDGE: | ELLIOTT J |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 24 NOVEMBER 2016 |
DATE OF RULING: | 30 NOVEMBER 2016 |
CASE MAY BE CITED AS: | APPLICATION FOR BAIL BY KAYA |
MEDIUM NEUTRAL CITATION: | [2016] VSC 712 |
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CRIMINAL LAW – Bail – Terrorism offence – Rebuttable presumption against bail – Whether exceptional circumstances – Accused on remand – Crimes Act 1914 (Cth), s 15AA – Bail Act 1977 (Vic), s 4.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D Gurvich QC | Commonwealth Office of Public Prosecutions |
| For the Accused | Mr M Tovey QC | James Dowsley & Associates |
HIS HONOUR:
A. Introduction
The applicant, Murat Kaya, was arrested on 27 May 2016 and taken into custody. He applies for bail under the Bail Act 1977 (Vic). Pursuant to s 15AA(1) and (2) of the Crimes Act 1914 (Cth), the court must not grant bail to the applicant unless it is satisfied that exceptional circumstances exist to justify bail. If the court is so satisfied, then the applicant must be granted bail unless the prosecution discharges the onus of satisfying the court that the applicant is an unacceptable risk.[1]
[1]See par 16 below.
The applicant is charged with 1 offence, namely, preparations for incursions into foreign countries for the purpose of engaging in hostile activities. The charge is presently stated by the Australian Federal Police in the “Statement of Facts” as follows:[2]
That between 6 May 2016 and 10 May 2016, in the State of Victoria and elsewhere, he did an act, namely the purchase of a motor vehicle, boat and trailer, for the purpose of undertaking travel to northern Queensland in order to depart Australia by boat, preparatory to the commission of an offence against s 119.1 of the Criminal Code (Cth) being the entry into a foreign country, with the intent to engage in a hostile activity in Syria or northern Iraq, contrary to s 119.4 of the Criminal Code (Cth).[3]
[2]Paragraph 4. The preamble to the Statement of Facts includes: “This statement has been prepared as a guide only. It does not purport to summarise all the relevant evidence in the case. It is provided as an aid and does not form part of the evidence in the hand-up brief”.
[3]Sections 119.1 and 119.4 are located in Part 5.5 of the Schedule of the Criminal Code Act 1995 (Cth). Section 15AA(1) of the Crimes Act provides that offences covered by subs (2) are governed by the “exceptional circumstances” threshold. The charge is covered by subs (2)(a), by reason that the alleged offence is a “terrorism offence”, as defined in s 3 of the Crimes Act.
B. Applicant’s background
The applicant is 25 years old. He was born on 14 February 1991 in Melbourne, Australia.
The applicant is a tiler by trade…
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- AGLC
- Application for Bail By Kaya [2016] VSC 712
- Case
- [2016] VSC 712
- Decision Date
CaseChat Overview and Summary
The Court considered the nature of the offence, the potential risk to the community if bail were granted, and the impact of detention on the accused. It examined whether the exceptional circumstances presented by the applicant's legal team were compelling enough to justify the granting of bail. The Court also took into account the length of time Kaya had already spent on remand and the impact of continued detention on his health and well-being. Ultimately, the Court found that the exceptional circumstances did not sufficiently outweigh the presumption against bail in this case.
The Court determined that the exceptional circumstances argued did not meet the threshold required to rebut the presumption against bail in terrorism cases. Consequently, the application for bail was dismissed. The Court emphasised the seriousness of the charges and the potential risk to public safety if bail were granted. The Court's decision was based on the evidence and arguments presented, and the conclusion was that the presumption against bail remained unrebutted.
Orders
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Background
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Evidence
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