| IN THE SUPREME COURT OF VICTORIA AT MELBOURNE | Not Restricted |
CRIMINAL DIVISION
S CR 2018 0268
| IN THE MATTER of the Bail Act 1977 |
| and |
| IN THE MATTER of an Application for Bail by FADI AFRAM |
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JUDGE: | TINNEY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 14 November 2018 |
DATE OF JUDGMENT: | 19 November 2018 |
CASE MAY BE CITED AS: | Re Afram |
MEDIUM NEUTRAL CITATION: | [2018] VSC 708 |
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CRIMINAL LAW – Bail – Aggravated home invasion and armed robbery – Use of handgun - Requirement to show exceptional circumstances exist that justify the grant of bail – Combination of circumstances relied on, including availability of residential treatment for drug addiction of applicant – Previous breach of conditions of bail in this matter – Serious prior conviction for being a prohibited in possession of firearms – Exceptional circumstances not shown – Unacceptable risk in any event – Bail refused – Bail Act 1977, ss 1B, 3AAA, 4AA, 4A and 4E.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr A Furstenberg | Furstenberg Law |
| For the Respondent | Mr S Devlin | Mr J Cain, Office of Public Prosecutions |
HIS HONOUR:
Introduction
The applicant applies for bail in respect of charges he faces for offending alleged to have occurred on 21 March 2017 (‘the 2017 charges’). The charges arise from a violent home invasion which occurred in Bundoora. One of the charges is of aggravated home invasion, an offence which is contained within Schedule 1 of the Bail Act 1977 (‘the Act’). As a result, it is common ground between the parties that bail must be refused unless I am satisfied that exceptional circumstances exist that justify the grant of bail.[1]
[1]Bail Act 1977, s 4A(1A).
Procedural history
The applicant was arrested in respect of the current offences on 4 July 2017. He was charged and remanded in custody. On 11 October 2017, he made an unsuccessful application for bail in the Magistrates’ Court. At a committal hearing on 11 January 2018, the applicant was committed for trial in the County Court on 11 charges. He made a further application for bail following the committal for trial. Bail was granted on stringent conditions, including a condition that he not use drugs of dependence. At an Initial Directions Hearing held in the County Court, the trial was set down for commencement on 20 August 2018.
On Wednesday 2 May 2018, the applicant was found in an unconscious state in a motor vehicle in the Melbourne CBD having overdosed on drugs. An ambulance and police were called, and the applicant was taken to St Vincent’s Hospital. He was subsequently charged with trafficking multiple drugs, committing an indictable offence on bail, contravening bail conditions, and other offences (‘the 2018 charges’).
On 11 May 2018, the Office of Public Prosecutions made an application to the County Court for the revocation of the applicant’s bail on the 2017 charges. Judge Hannan revoked bail on those matters.
On 16 May 2018, bail was granted to the applicant…
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- Case
- [2018] VSC 708
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved assessing whether the applicant could demonstrate exceptional circumstances under the Bail Act 1977 that would warrant the grant of bail. The court had to consider the applicant’s history, including his previous breach of bail conditions in this matter, as well as his serious prior conviction for being a prohibited person in possession of firearms. The applicant argued that his availability for residential treatment for drug addiction constituted an exceptional circumstance. However, the court also had to weigh the risk posed by the applicant to the community and any witnesses, given the violent nature of the alleged crimes.
The court concluded that the combination of the applicant’s criminal history, the seriousness of the current charges, and the risk he posed to the community and potential witnesses meant that exceptional circumstances had not been shown. The applicant’s prior breach of bail conditions and his history with firearms were particularly significant factors. The court found that the risk of the applicant reoffending while on bail was too great to justify granting bail. Therefore, the application for bail was refused. The court’s decision was based on a careful consideration of the statutory provisions of the Bail Act 1977, including sections 1B, 3AAA, 4AA, 4A, and 4E, which guide the assessment of bail applications in cases involving serious criminal charges.
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