| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0086
| IN THE MATTER of the Bail Act 1977 | Crown |
| v | |
| IN THE MATTER of an Application for Revocation of Bail granted to AJ | Accused |
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JUDGE: | JANE DIXON J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 1 July 2021 |
DATE OF RULING: | 1 July 2021 |
CASE MAY BE CITED AS: | Re AJ (Revocation of Bail) |
MEDIUM NEUTRAL CITATION: | [2021] VSC 395 |
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CRIMINAL LAW – Bail – Applicant bailed to residential rehabilitation facility – Applicant alleged to have breached conditions of bail by possession of drug of dependence – Applicant discharged from drug rehabilitation facility – Applicant charged with breach of bail, possess drug of dependence, and commit indictable offence on bail – Application for revocation not opposed – Bail revoked – Bail Act 1977 ss 1B, 18AE, 18AF.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D Hannan | Office of Public Prosecutions |
| For the Respondent | Mr T Magazis | Theo Magazis & Associates |
HER HONOUR:
On 21 May 2021, I granted AJ bail in relation to the matters where the Informant is Detective Senior Constable Zahra (‘D/S/C Zahra’). That grant of bail commenced on 25 May 2021. This ruling deals with the subsequent application to revoke AJ’s bail, and as such should be read in conjunction with my original reasons for granting bail.[1]
[1]Re AJ [2021] VSC 291.
The conditions of the grant of bail were as follows:
1.The said [AJ] be admitted to bail on 25 May 2021, or as soon as practicable thereafter, on his own undertaking, with a surety of $100,000, to appear at the Melbourne Magistrates' Court on 2 August 2021 and then surrender himself, and not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender himself into custody;
2.The following special conditions apply to this grant of bail:
a.The applicant be released into the custody of a staff member of The Cottage, 6-8 St Andrews Road, Shepparton, in the State of Victoria ('The Cottage');
b.The applicant is to reside at The Cottage until the conclusion of the four month residential program or conclusion of Committal proceedings in respect of the current charges (whichever occurs first); should the committal proceeding on 2 August 2021 not be concluded prior to the conclusion of the four month program at The Cottage, the applicant will be required to appear before this court for a review of his bail conditions on 20 September 2021;
c.The applicant must not leave the premises of The Cottage except in the company of a staff member of The Cottage;
d.The applicant must comply with all lawful directions of the staff at The Cottage;
e.The informant, or his delegate, may attend at The Cottage from time to time to confirm the applicant's presence at The Cottage;
f.That the applicant attend assessment and treatment with Dr Professor Ed Odgen, Addiction Medicine Specialist, or such other practitioner…
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- AGLC
- Re AJ (Revocation of Bail) [2021] VSC 395
- Case
- [2021] VSC 395
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the applicant's breach of his bail conditions constituted a sufficient ground to revoke his bail. The court also needed to consider whether the applicant's possession of the drug of dependence and the indictable offence constituted a sufficient ground for the revocation of bail. The court had to weigh the interests of the applicant against the need to ensure the safety of the community.
The court held that the applicant's breach of bail conditions was a sufficient ground for the revocation of his bail. The court found that the applicant's possession of a drug of dependence and the indictable offence charged against him also constituted a sufficient ground for the revocation of bail. The court considered the seriousness of the charges and the risk of reoffending. The court concluded that the applicant's bail should be revoked in the interests of justice.
The court revoked the applicant's bail and ordered that he be remanded in custody until his next court appearance. The court also ordered that the applicant be given credit for the time already spent in custody. The court further ordered that the applicant's case be listed for a committal mention.
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