R v Johnson - [2006] VSC 157

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 1441 of 2006

IN THE MATTER of the Bail Act 1977 and

IN THE MATTER of the Crimes Act 1958 and

IN THE MATTER of an Application for Bail of: MATTHEW JOHNSON

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JUDGE:	KING J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	12 APRIL 2006
DATE OF JUDGMENT:	26 APRIL 2006
CASE MAY BE CITED AS:	R v JOHNSON
MEDIUM NEUTRAL CITATION:	[2006] VSC 157

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr K. Gilligan	Office of Public Prosecutions
For the Applicant	Mr G. Steward

HER HONOUR:

On the 12^th of April 2006 I heard an application for bail by Matthew Johnson ("the Applicant"). I do not propose to grant bail to the Applicant and these are my reasons.

The Applicant is charged with numerous offences arising out of three incidents. He was. at the time of the alleged commission of the offences relating to the first two incidents, a serving police officer, and a suspended police officer at the time of the alleged third incident.

The offences relating to the first incident are all alleged to have occurred on the 11^th of February 2006, being:

·     Aggravated burglary;
·     Cultivating a narcotic plant;
·     Theft of 18 cannabis plants;
·     Traffick cannabis;
·     Blackmail;
·     Bribery as a police officer to fail to perform his duties;
·     Wilfully neglecting to enforce the law.

The offences relating to the second incident are all alleged to have occurred on the 12^th of February 2006, being:

·     Extortion;
·     Aggravated Burglary with a firearm;
·     Blackmail;
·     Exceeding his official authority by making demands with menaces.

The final offence which relates to the third incident is alleged to have occurred on the 10^th March 2006, being:

· Make threats to kill.

There is no dispute that the Applicant is in a show cause situation and accordingly in those circumstances, section 4(4) of the Bail Act 1977 ("the Act"), requires that “The Court shall refuse bail unless the accused person shows cause why his detention in bail is not justified.”

The application for bail is opposed. An earlier application for bail in the Magistrates’ Court was refused on the 29^th March 2006.

In the case of a person charged with an offence referred to in section 4(4) of the Act bail must be refused unless the accused person shows cause. The Applicant pursuant to section 4(4)(c) is in a show cause situation.

Equally, bail must be refused is the Court is satisfied that there is an unacceptable risk that the accused person, if released on bail, would:

·     Fail to surrender himself or herself into custody in answer to their bail;
·     Commit an offence whilst on bail;
·     Endanger the safety or welfare of members of the public; or
·     Interfere with witnesses or otherwise obstruct the course of justice whether in relation himself or herself or any other person.

The situation of…

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 R v Johnson

Details

AGLC: R v Johnson [2006] VSC 157
Case: [2006] VSC 157
Decision Date: 26 April 2006

CaseChat Overview and Summary

Matthew Johnson has applied for bail in the Supreme Court of Victoria, challenging the refusal of bail by the Magistrates’ Court. Johnson, a former police officer, faces multiple charges, including aggravated burglary, cultivating narcotic plants, theft, trafficking cannabis, blackmail, bribery, wilful neglect of duty, extortion, exceeding official authority, and making threats to kill. The Crown opposes the bail application. Johnson is in a show cause situation, under section 4(4) of the Bail Act 1977, meaning that bail will not be granted unless he can demonstrate why his detention is not justified. The court must also consider whether there is an unacceptable risk that he would interfere with witnesses, commit further offences, endanger public safety, or obstruct justice if released on bail. The court concluded that Johnson has not demonstrated that his detention in custody is not justified due to the risk he poses to witnesses and the potential for further offending, particularly in relation to witnesses. The court noted the serious nature of the alleged offences, the Applicant's status as a former police officer, and the significant risk of witness interference and further offending. The court also considered Johnson's mental health issues, including depression, but concluded that these did not outweigh the risk he poses if released on bail. The court refused bail to Matthew Johnson.

Orders