SUPREME COURT OF SOUTH AUSTRALIA
(Criminal: Application)
R v LOMBARDI
[2013] SASC 61
Judgment of The Honourable Chief Justice Kourakis
16 April 2013
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL
Application by the DPP to review an order of a Magistrate granting the respondent bail - respondent charged with firearm and drug related offences.
Whether the respondent's application for bail is governed by s 10A of the Bail Act 1985 (SA) - whether the respondent established the existence of special circumstances justifying his release on bail.
Held: application for review allowed - the respondent's application for bail is governed by s 10A of the Bail Act 1985 (SA) - the respondent failed to establish the existence of special circumstances - bail granted in the Magistrates Court be set aside - respondent's application to make a fresh grant of bail refused.
Bail Act 1985 (SA) s 3A, s 10, s 10A; Criminal Law Consolidation Act 1935 (SA) s 20AA; Criminal Law (Sentencing) Act 1988 (SA) s 20A, S 20AAC; Firearms Act 1977 (SA) , referred to.
R v Buhlmann [2010] SASC 123; Saywell v Yiu (1976) 14 SASR 56, discussed.
R v Barnett [2009] SASC 332, considered.
R v LOMBARDI
[2013] SASC 61Application for Review of Bail
KOURAKIS CJ: The Director of Public Prosecutions has applied for a review of the decision of the Magistrates Court to grant the respondent, Mr Lombardi, bail. Mr Lombardi was taken into custody on charges of aggravated possess firearm without licence, non-aggravated possess firearm without licence, traffic in a controlled drug (aggravated), possess prescription drug, possess prescribed equipment, possess declared listening device without consent, fail to keep prescribed firearm secured, fail to keep class A or B firearm secured and fail to store ammunition separately from firearms.
The circumstances
Police discovered evidence of the alleged offending when they searched Mr Lombardi’s residence at Rostrevor on 27 March 2013. The police found a sawn-off double barrel shotgun hidden in the floor space of an office adjacent to the garage of the residence. In a kitchen cupboard the police located a jar of a white granular substance which gave a positive indication for amphetamine. At the rear of the residence the police located a concealed crawl space which led to a number of rooms underneath the residence. In those rooms police found 380 rounds of 7.62 rifle ammunition. In the dining area of the house police located two declared listening devices and one GPS tracking device. They also found two 12 gauge shotgun shells, a mini camera with an HD recorder, and two other micro cameras. In the bedroom of the residence were another three 12 gauge shotgun shells.
Mr Lombardi had applied for a firearms licence in 2008 but his application was refused.
Police made unsuccessful attempts to locate the accused after the search but he was not arrested until Friday 5 April 2013 when he attended the Grenfell Street police station with a solicitor.
Mr Lombardi…
Continue reading R v Lombardi
Sign in free to access the full text
- AGLC
- R v Lombardi [2013] SASC 61
- Case
- [2013] SASC 61
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the respondent had established the existence of special circumstances that would allow him to be granted bail, despite the presumption against bail for certain serious firearm offences. The court was required to determine whether the respondent's personal circumstances, including his health and the impact on his family, were exceptional enough to justify a grant of bail under s 10A(1) of the Bail Act.
The court held that the respondent had failed to establish the existence of special circumstances. It was found that the alleged circumstances of the offence, including the possession of a sawn-off shotgun, a significant quantity of amphetamine, and unexplained listening devices, were typical of the class of serious firearm offenders prescribed by s 10A(2)(e) of the Bail Act. The respondent's criminal history, while not the worst, was not a good record, and his health condition, although requiring periodic medical attention, was manageable in a prison setting. The court also noted that the respondent's capacity to abscond and commit further offences would be limited if granted home detention bail. Consequently, the court concluded that the possibility of home detention bail did not establish special circumstances sufficient to warrant a grant of bail.
The court allowed the application for review, setting aside the bail granted in the Magistrates Court and refusing the respondent's application to make a fresh grant of bail.
Orders
Orders of the court
Held: application for review allowed - the respondent's application for bail is governed by s 10A of the Bail Act 1985 (SA) - the respondent failed to establish the existence of special circumstances - bail granted in the Magistrates Court be set aside - respondent's application to make a fresh grant of bail refused.
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.