APPLICATION FOR BAIL BY KUZU - [2016] VSC 710

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2016 0163

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by KAZIM KUZU

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JUDGE:	ELLIOTT J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	22 NOVEMBER 2016
DATE OF RULING:	22 NOVEMBER 2016
CASE MAY BE CITED AS:	APPLICATION FOR BAIL BY KUZU
MEDIUM NEUTRAL CITATION:	[2016] VSC 710

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CRIMINAL LAW – Application for bail – Show cause situation – Charged with indictable offence while on bail – Whether an unacceptable risk – Multiple charges – Criminal damage – Unlawful assault – Contraventions of family violence intervention orders – Threats to kill – Stalking – Prior convictions – Previous commissions of indictable offences while on bail – Strong family support – Regular methylamphetamine use – Place at residential drug treatment program – Location of drug treatment centre proximate to complainant – Bail Act 1977 (Vic), s 4(1), (2) and (4)(a) – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr C Gould	Victoria Police
For the Accused	Mr S Tovey	Malkoun & Co Lawyers

HIS HONOUR:

The applicant, Kazim Kuzu, is 31 years old, and was born on 25 March 1985 in Melbourne, Australia.

The applicant has been charged with a long list of offences, which include:

(1)4 counts of criminal damage and the unlawful assault of Ilana Berdinkoff (“Berdinkoff”), which charges are next listed for hearing on 8 December 2016.
(2)9 contraventions of a family violence final intervention order, assault with a weapon, stalking Berdinkoff, making 3 threats to kill, all of which were last returnable on 11 November 2016.
(3)4 contraventions of a family violence final intervention order and stalking Berdinkoff, all of which were also last returnable on 11 November 2016.

The applicant has been involved with illicit drug use since his teenage years. He completed his schooling until year 10, but left school at the beginning of year 11 to commence a certificate II in automotive electrical at Batman TAFE in Coburg.

Although the precise timing of his use of cannabis is not apparent on the evidence, the applicant used cannabis over an extended period of time, sometimes smoking several grams of cannabis a day. He ceased using cannabis at this level approximately 5 years ago. It was around this time that the applicant was first introduced to methylamphetamine (also known as “ice”) by friends in a social setting. His use of that drug steadily increased and became his drug of choice, rather than cannabis. By the middle of 2014, the applicant was using ice daily.

The applicant has had a stable work history until approximately 18 months ago. He held down a job for 5 years after leaving school. More recently, he has been employed in road construction as a labourer and machine operator. However, his employment ceased due to his ongoing issues with substance abuse.

The applicant has considerable support from his family. The applicant’s parents, Ali and Immigul,…

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 KUZU

Details

AGLC: Application for Bail BY Kuzu [2016] VSC 710
Case: [2016] VSC 710
Decision Date: 22 NOVEMBER 2016

CaseChat Overview and Summary

The applicant, KUZU, applied for bail before the County Court of Victoria. KUZU was facing multiple serious charges, including criminal damage, unlawful assault, breaches of family violence intervention orders, threats to kill, and stalking. The application arose in a show cause situation, as KUZU was already on bail for another indictable offence. The court was tasked with determining whether KUZU posed an unacceptable risk to the community or any individual if released on bail.

The legal issues before the court involved balancing the presumption in favour of bail, the principle of proportionality, and the specific criteria outlined in the Bail Act 1977 (Vic). The court considered the nature and seriousness of the charges, KUZU's criminal history, including previous instances of committing indictable offences while on bail, and the potential risk KUZU posed to the complainant. Furthermore, the court weighed the presence of strong family support against the applicant's regular methylamphetamine use and the proximity of a residential drug treatment program to the complainant's location.

The County Court of Victoria, after considering the evidence and arguments presented, concluded that there was an unacceptable risk that KUZU would reoffend if granted bail. The court found that the serious nature of the charges, KUZU's history of reoffending while on bail, and the risk posed to the complainant outweighed the benefits of bail. Consequently, the application was dismissed, and KUZU remained in custody.

No specific orders were made beyond the refusal of bail.

Orders