SUPREME COURT OF QUEENSLAND
CITATION: Iordache v DJM [2023] QSC 134 PARTIES: ANDREEA ELENA IORDACHE
(applicant)
v DJM
(respondent)
FILE NO: File Number redacted
DIVISION: Trial Division PROCEEDING: Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON: Reasons delivered 23 June 2023 DELIVERED AT: Brisbane
HEARING DATE: 22 June 2023, 23 June 2023
JUDGE: Davis J
ORDERS: 1. The grant of bail made on 7 June 2023 be set aside.
2. The respondent be remanded in custody.
CATCHWORDS: CRIMINAL LAW – PROCEDURE – BAIL – REVOCATION, VARIATION, REVIEW AND APPEAL –
where the respondent was on bail for 94 offences – where the respondent allegedly committed six offences while on that bail – where the offences committed on bail included break, enter and steal and armed robbery in company where violence was threatened – where the respondent has a long history of offending – where the respondent was granted bail on the further offences – where the police applied for a review of that grant of bail – where the review is a hearing de novo – whether there was an unacceptable risk that the respondent would commit an offence that endangered the safety of the community or safety or welfare of a person – whether conditions on release on bail could be imposed to render any such risk acceptable
Bail Act 1980, s 19B
Youth Justice Act 1992, s 48, s 48AAA, s 48AA
Aldrich v Ross [2001] 2 Qd R 235; [2000] QCA 501, cited Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616; [1976] HCA 62, cited
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194; [2000] HCA
47, cited
Director of Public Prosecutions v Filippa [2005] 1 Qd R 587; [2004] QSC 470, followed
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v KAZ [2022] QCA 34, cited
Re JOD [2022] QSC 260, cited
Re JTL [2021] QSC 211, consideredTurnbull v New South Wales Medical Board [1976] 2 NSWLR 281, cited
COUNSEL: N S Eisenmenger for the applicant
M A Lines for the respondent
I L Evans for the Department of Youth Justice on 22 June 2023
A M Mckay for the Department of Youth Justice on 23 June 2023
SOLICITORS: Queensland Police Service for the applicant
Legal Aid Queensland for the respondent
Department of Youth Justice instructed Ms Evans and Mr McKay
The respondent is a child who, on 7 June 2023, was granted bail on 12 charges.
For reasons which will become apparent, charges 1 to 6 are the important ones. They were allegedly committed between 2 June 2023 and 6 June 2023.
Charges 7 to 12 were committed between 5 December 2022 and 8 December 2022 and predate a grant of bail on 27 April 2023.
The June charges were allegedly committed while the child was on bail in respect of 94 offences. He was granted…
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- AGLC
- Iordache v DJM [2023] QSC 134
- Case
- [2023] QSC 134
- Decision Date
CaseChat Overview and Summary
The court considered the nature and seriousness of the new offences, the respondent’s history of offending and the risk of reoffending. The court also took into account the need to protect the community and the potential impact on the safety or welfare of any particular person. Given the serious nature of the new offences, the court found that there was an unacceptable risk that the respondent would commit an offence that endangered the safety of the community or the safety or welfare of a person. The court held that no conditions on release on bail could be imposed to render any such risk acceptable.
Accordingly, the court set aside the grant of bail made on 7 June 2023 and ordered that the respondent be remanded in custody.
Orders
Orders of the court
1. The grant of bail made on 7 June 2023 be set aside.
2. The respondent be remanded in custody.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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