APPLICATION FOR BAIL BY RL - [2014] VSC 336

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION
PRACTICE COURT

S CR 2014 0097

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by RL

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JUDGE:	ELLIOTT J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	16, 18 JULY 2014
DATE OF JUDGMENT:	18 JULY 2014
CASE MAY BE CITED AS:	APPLICATION FOR BAIL BY RL
MEDIUM NEUTRAL CITATION:	[2014] VSC 336

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CRIMINAL LAW – Bail – Applicant at risk of reoffending – Show cause situation – Nature of offending – Applicant a juvenile – Possible sentence if convicted would be significantly shorter than period on remand – Bail granted – Conditions – Bail Act 1977 (Vic), ss 4(2), 4(4)(a).

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr D N Sala	Victoria Legal Aid
For the Crown	Inspector R Koo	Victoria Police

HIS HONOUR:

The applicant, RL, is 11 years of age[1] and is diminutive in stature. However, these facts have not prevented him from being highly active in allegedly committing various offences since 4 February 2014.
[1]His date of birth is 28 September 2002.

By way of a summary:

(1)On 4 February 2014, the applicant was arrested and charged with criminal damage, assault with a weapon, intentionally causing injury and unlawful assault.
(2)On 29 March 2014, the applicant was arrested and charged with 3 counts of criminal damage, 4 counts of unlawful assault, 2 counts of assaulting police, 2 counts of throwing a missile, making threats to kill and making threats to inflict serious injury.
(3)On 2 July 2014, the applicant was arrested and charged with the theft of a motor vehicle, unlicensed driving and other theft.
(4)On 8 July 2014, the applicant was arrested and charged with making a threat to kill, making a threat to inflict serious injury, assault with a weapon, unlawful assault and possessing a controlled weapon. This incident allegedly concerned a 16 year old victim who was 17 weeks pregnant.

A number of applications for bail have been successfully made by the applicant, except his most recent application. This last application for bail, made on 9 July 2014, was refused. The magistrate found that the applicant had failed to show cause, as required by s 4(4)(a) of the Bail Act 1977 (Vic), because he was an unacceptable risk of reoffending.

However, the magistrate also stated that he would have granted the applicant bail if there had been a secure facility for the applicant to which he could be sent. Regrettably, such a facility was not available at the time.[2] The magistrate also referred the applicant to the Children’s Court Clinic to have the applicant assessed as a matter of urgency.
[2]For completeness, I note that bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation: Children, Youth and Families Act 2005 (Vic), s 346(9).

The proceeding the subject of the last bail application is listed for mention in…

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 RL

Details

AGLC: Application for Bail BY RL [2014] VSC 336
Case: [2014] VSC 336
Decision Date: 18 JULY 2014

CaseChat Overview and Summary

The case involved an application for bail by an individual identified as RL. RL was facing charges that placed them in a show cause situation. The court had to consider whether bail should be granted given the risk of reoffending and the nature of the alleged offences. The application was heard in the Magistrates' Court of Victoria.

The primary legal issues before the court were whether the risk of reoffending outweighed the interests of justice and whether bail should be granted given the potential sentence if convicted would be significantly shorter than the period on remand. The court also had to consider the best interests of the juvenile applicant. The court's decision hinged on weighing these factors under the Bail Act 1977 (Vic).

The court acknowledged the risk of reoffending but noted the possibility of a significantly shorter sentence if convicted compared to the time spent on remand. It found that the interests of justice favoured granting bail. The court imposed strict conditions to mitigate the risk of reoffending and ensure the safety of the community. The decision was grounded in sections 4(2) and 4(4)(a) of the Bail Act 1977 (Vic).

The court granted bail with conditions, including electronic monitoring and a curfew, to balance the risk of reoffending with the interests of justice and the welfare of the juvenile applicant. The conditions were designed to ensure that RL complied with the terms of bail and did not reoffend while awaiting trial.

Orders