| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CI 2015 0052
| THE QUEEN |
| v |
| CHI THANH CHUNG |
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JUDGE: | LASRY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 3 September 2015 |
DATE OF JUDGMENT: | 11 September 2015 |
CASE MAY BE CITED AS: | R v Chung |
MEDIUM NEUTRAL CITATION: | [2015] VSC 487 |
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BAIL – Drug offences in large commercial quantity – Exceptional circumstances – Principles – Strength of prosecution case – Delay – Other considerations – Whether surety relevant – Application refused.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J. Hardjadibrata | Office of Public Prosecutions |
| For the Accused | Mr P.C Dane QC | Theo Magazis & Associates |
HIS HONOUR:
This is an application for bail by Chi Thanh Chung (“the Applicant”). He is charged with the following offences:
(1)Between 28 November 2013 and 8 January 2015 cultivating a narcotic plant (cannabis) in a quantity not less than a large commercial quantity applicable to that plant;
(2)Between 28 November 2013 and 8 January 2015 trafficking cannabis in not less than a large commercial quantity;
(3)On 21 December 2014 cultivating a narcotic plant in a quantity not less than a commercial quantity of cannabis at 9A State Street, Oakleigh;
(4)On 14 November 2014 cultivating a narcotic plant (cannabis) in a quantity not less than a commercial quantity at 71 Melington Drive Lyndhurst;
(5)On 18 November 2014 cultivated a narcotic plant (cannabis) at 18 Young Street, Springvale;
(6)On 8 January 2015 cultivated a narcotic plant (cannabis) in not less than a commercial quantity at 28 Risdon Drive, Notting Hill;
(7)On 8 January 2015 cultivated a narcotic plant (cannabis) at 11 Third Street, Clayton;
(8)On 8 January 2015 cultivated a narcotic plant (cannabis) at 4 Wellington Road, Clayton;
(9)On 12 January 2015 cultivated a narcotic plant (cannabis) in not less than a commercial quantity at 7 Hayden Street, Clayton;
(10)On 14 January 2015 cultivated a narcotic plant (cannabis) in not less than a commercial quantity at 3 Arunta Crescent, Clarinda;
(11)On 20 February 2015 cultivated a narcotic plant (cannabis) at 2 Ikara Close, Kings Park.
Charges 3 to 11 involve a total weight of cannabis of 303.57 kilograms with 927 plants. A large commercial quantity is 250 kilograms or 1,000 plants. In total it is to be alleged that there are 46 properties involved in cannabis crops. The present charges against the Applicant refer to 9 although it is alleged that he is linked to 14.
As a result of the charges which refer to a large commercial quantity or commercial quantity of the drug, the Applicant is required to satisfy the court that, pursuant to s 4 (2)(ia) of the Bail Act 1977, exceptional circumstances exist which justify a grant of bail.
The Applicant was arrested and charged on 2 February 2015 and has remained in custody since that date. That is significant and, as relied on in this application, is a period of in excess of 7 months.
Brief summary of circumstances
The arrest of the Applicant and…
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- AGLC
- R v Chung [2015] VSC 487
- Case
- [2015] VSC 487
- Decision Date
CaseChat Overview and Summary
The court meticulously evaluated the principles applicable to bail applications, particularly in cases involving serious drug offences. It examined the strength of the prosecution's evidence, the potential impact of a delay in the proceedings on the defendant, and other pertinent considerations. The court acknowledged that drug trafficking on a commercial scale typically warrants a stringent approach to bail due to the seriousness of the offence and its implications for public safety. Additionally, the court considered the defendant's ability to provide a surety and whether this factor was relevant in the context of the other considerations.
Upon thorough analysis, the court determined that the exceptional circumstances necessary for granting bail were not present. The severity of the charges and the strength of the prosecution's case against the defendant outweighed other factors. The court also found that the delay in proceedings did not sufficiently favour the defendant's application for bail. Consequently, the court concluded that the risk of the defendant failing to appear in court, should bail be granted, was too high, and the application for bail was refused. The court's decision was grounded in the need to balance the rights of the defendant with the imperatives of public safety and the administration of justice.
Orders
Orders of the court
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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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