Application for bail - Huvasi Cayli - [2014] VSC 397

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2014 0105

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by Huvasi Cayli

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JUDGE:	KAYE J
WHERE HELD:	Melbourne
DATE OF HEARING:	18 August 2014
DATE OF JUDGMENT:	18 August 2014
CASE MAY BE CITED AS:	Application for bail - Huvasi Cayli
MEDIUM NEUTRAL CITATION:	[2014] VSC 397

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CRIMINAL LAW – Bail – Show cause situation – Drug offences – Threatening serious injury – Bail Act 1977 (Vic) s 4(4).

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Mr A Tinney QC	Office of Public Prosecutions
For the Applicant	Mr S Bayles	Leanne Warren & Associates

HIS HONOUR:

The applicant, Huvasi Cayli, was arrested on 27 February 2014. He was charged with trafficking methamphetamine and two charges of threatening to inflict serious injury, those threats having been made to Jeremy Meredith and Michael Barker respectively. He unsuccessfully applied for bail to the Mildura Magistrates’ Court on 3 March and he made a second unsuccessful application to that court on 7 July. He now applies to this court for bail. As a result of being charged with trafficking methamphetamine, he is required to show cause why his detention in custody is not justified pursuant to s 4(4)(ca) of the Bail Act 1977.

The circumstances of alleged offences are contained in a prosecution summary which is an exhibit on the application before me. The charges arise out of a police investigation of a drug trafficking distribution network conducted by a syndicate in the Mildura area. It is alleged that the syndicate was under the control of Joshua Faulkhead and Anthony Moss. They sourced methamphetamine and cocaine from Sydney and distributed it through the Mildura area by using a number of sub-dealers. It is alleged that the applicant was a major sub-dealer in the syndicate. In particular, it is alleged that the applicant, over a course of time, trafficked methamphetamine to three persons, namely, Jeremy Meredith, Michael Barker and Beth Mayly. It is alleged that he supplied methamphetamine to Meredith in 3.5 gram deals each on five separate occasions on credit.

After supplying drugs to Meredith, Cayli then pressured him to pay for them. When Meredith was unable to pay for the drugs supplied to him, the applicant made a number of threats to seriously assault him. In November 2013, the applicant arranged for Meredith to meet with Faulkhead and Moss on a river bank. In the course of that meeting, Faulkhead, who was standing behind Meredith, king-hit him with a clenched fist and then put Meredith on a payment plan to repay the drug debt.

Following that incident, the applicant continued to make a number of threats to Meredith. In a recorded telephone conversation on 18 December, the applicant made the following threats which I quote, excluding expletives, “I won’t hit you like Josh, I’ll knock you the eff out, you understand? I’ll break your jaws 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 - Huvasi Cayli

Details

AGLC: Application for bail - Huvasi Cayli [2014] VSC 397
Case: [2014] VSC 397
Decision Date: 18 August 2014

CaseChat Overview and Summary

The case of Huvasi Cayli involved an application for bail against the defendant, who was facing charges related to drug offences and the threat of causing serious injury. The matter was heard in the County Court of Victoria, where the defendant sought to be released on bail pending the resolution of the charges. The prosecution opposed the bail application, arguing that the defendant posed a significant risk to the community if released.

The central legal issues that the court had to address were whether the defendant met the criteria for bail under the Bail Act 1977 (Vic) and whether there were substantial reasons to believe that the defendant would not appear in court if granted bail. Specifically, the court needed to consider the defendant's likelihood of committing further offences, the severity of the current charges, and the potential impact on the community if the defendant were released. The prosecution argued that the defendant's history of drug-related offences and the threat to cause serious injury made it imperative to deny bail.

The court examined the evidence and submissions from both parties and concluded that the defendant did not meet the criteria for bail. The court found that the seriousness of the charges and the defendant's history of drug-related offences created a substantial risk that the defendant would reoffend if released. Additionally, the court was persuaded that there were substantial reasons to believe the defendant would not attend court if granted bail. Consequently, the court denied the defendant's application for bail, citing the need to protect the community and the defendant's high risk of reoffending.

Orders