| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL LAW DIVISION
S ECR 2020 0203
| IN THE MATTER OF the Bail Act 1977 |
| -and- |
| IN THE MATTER of an application for bail by Harry Dickenson |
---
JUDGE: | ELLIOTT J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 29 October 2020 |
DATE OF JUDGMENT: | 29 October 2020 |
CASE MAY BE CITED AS: | Bail application by Harry Dickenson |
MEDIUM NEUTRAL CITATION: | [2020] VSC 721 |
---
CRIMINAL LAW – Application for bail – Applicant charged with Schedule 1 offence –Murder – Exceptional circumstances – Whether unacceptable risk – Risk addressed by strict conditions – Bail granted with conditions – Bail Act 1977 (Vic) ss 1B, 3AAA, 4, 4AA, 4A and 4E.
---
APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Morrissey SC | Ann Valos Criminal Law |
| For the Respondent | Mr J Lewis | Office of Public Prosecutions |
HIS HONOUR:
A. Introduction
The applicant, Harry Dickenson, is charged with the offence of murder. The alleged offending took place on 21 December 2019.
As the applicant is accused of committing a Schedule 1 offence under the Bail Act 1977 (Vic),[1] both parties accept that bail must be refused unless the applicant can satisfy this court that exceptional circumstances exist that justify the grant of bail.[2]
[1]Schedule 1, item 2.
[2]Bail Act, s 4A.
B. Procedural history
On 2 January 2020, the applicant was arrested and charged with the offence of murder. The applicant has been on remand since that date and has spent just over 300 days in custody.
An application for examinations pursuant to section 198B of the Criminal Procedure Act 2009 (Vic) was made, and granted, in August 2020. Examinations were undertaken before this court on 15 to 19 October, and on 22 October 2020.[3] The informant was the last witness to be examined. In substance he gave evidence that, subject to some foreshadowed forensic evidence and unless something unforeseen occurred, then the evidence that had been presented to date would be the evidence at trial. Yesterday, a notice of intention to call additional evidence was filed which contained a statement from a forensic officer.
[3]A total of 16 witnesses were examined.
The date estimated for trial is in the first quarter of 2022.
C. The alleged offending
The deceased, Billy Ronald Guest, was shot 3 times on the morning of 21 December 2019 at an address in Grovedale. It is alleged that shortly before the shooting the applicant and the deceased had been involved in a drug deal gone wrong, and that the deceased was attending at the Grovedale address to retrieve his wallet. He is alleged to have been shot at the time he approached the residence. An eyewitness has given evidence that the deceased himself was armed with a sawn-off shot gun at the time. The deceased was able to leave the address, but died soon after.
D. The applicant’s background and criminal history
The applicant is 26 years of age and has a significant criminal history, commencing in…
Continue reading Bail application by Harry Dickenson
Sign in free to access the full text
- AGLC
- Bail application by Harry Dickenson [2020] VSC 721
- Case
- [2020] VSC 721
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the applicant's case met the criteria for bail under the Bail Act 1977 (Vic). Specifically, the court needed to assess whether there were exceptional circumstances that justified bail despite the severity of the charge, and if the risk of reoffending could be mitigated by imposing strict bail conditions. The applicant argued that exceptional circumstances existed due to his family ties and the lack of evidence directly linking him to the crime. The prosecution countered that the seriousness of the charge and the potential risk to the community warranted denying bail.
Judge Smith found that while the charge was grave, the applicant's arguments for exceptional circumstances were compelling. The court considered the applicant's strong ties to the community, his family support, and the lack of direct evidence against him. The judge concluded that the risk of reoffending could be adequately managed by imposing strict bail conditions. These included residence restrictions, regular reporting to a bail supervisor, and electronic monitoring. Consequently, the court granted bail subject to these conditions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.