Bail application by Che Ashton

Che Ashton applied for bail in the Magistrates’ Court of Victoria, seeking release due to ongoing delays in the court system, exacerbated by the COVID-19 pandemic. The applicant faces serious charges, including aggravated burglary, rape, and assault with intent to commit a sexual offence, under the Crimes Act 1958 (Vic). The primary legal issue was whether the applicant established a compelling reason for bail, given the significant delay caused by the pandemic, and whether the risk to the community was unacceptable. The court considered the nature of the charges, the applicant's criminal history, and the impact of the pandemic on the administration of justice.

The court determined that the applicant had indeed established a compelling reason for bail due to the unprecedented delays caused by the COVID-19 pandemic. However, the court found that the risk to the community was not unacceptable, as the applicant did not present a significant risk of reoffending or failing to appear in court. The court imposed a number of conditions to mitigate any potential risk, including residence requirements, curfew, and electronic monitoring. The decision was grounded in the Bail Act 1977 (Vic), particularly sections 1B, 3AAA, 4, 4AA, 4C, and 4E, which guide the court’s assessment of bail applications in serious criminal matters.

Consequently, the court granted the applicant bail with specified conditions. The applicant was ordered to reside at a particular address, adhere to a curfew, and comply with electronic monitoring. The court also required the applicant to surrender any travel documents and refrain from contact with certain individuals. The decision underscores the court’s commitment to balancing the rights of the accused with the need to protect the community, particularly in the context of extraordinary circumstances such as the COVID-19 pandemic.