Re Angus - [2020] VSC 437

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2020 0158

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an Application for Bail by JARROD KEITH ANGUS

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JUDGE:	PRIEST JA
WHERE HELD:	Melbourne
DATE OF HEARING:	16 July 2020
DATE OF JUDGMENT:	16 July 2020
CASE MAY BE CITED AS:	Re Angus
MEDIUM NEUTRAL CITATION:	[2020] VSC 437

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CRIMINAL LAW – Bail – Applicant charged with Schedule 2 offence whilst on community correction order – Need for exceptional circumstances justifying grant of bail – Whether unacceptable risk of committing an offence while on bail – Bail refused – Bail Act 1977, s 3AAA, s 4, s 4AA, s 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr J Barreiro	Criminal Lawyers Geelong
For the Respondent	Ms S Coombes	Ms A Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

Introduction

Jarrod Angus, the applicant, aged 35 years,[1] is charged with stalking his former female partner, ‘SC’, between September 2019 and 22 March 2020, and again on 30 September 2020, and with offences against her on five distinct occasions: late February 2020, 3 March 2020, 4 March 2020, 22 March 2020 and 30 March 2020.
[1]His date of birth is 25 September 1984.

In summary, the relevant charges are as follows:

Charge Date Offence

1 September 2019 to 22 March 2020 Stalking[2]

2 February 2020 Reckless conduct endangering death[3]

3 Reckless conduct endangering serious injury[4]

4 Common assault[5]

5 3 March 2020 Reckless conduct endangering death

6 Reckless conduct endangering serious injury

7 Recklessly causing injury[6]

8 Intentionally causing injury[7]

9 Common assault

10 4 March 2020 Common assault

11 22 March 2020 Assault by kicking[8]

12 Common assault

13 Damaging property[9]

14 30 March 2020 Harassing a witness[10]

15 Stalking
[2]Crimes Act 1958, s 21A(1).
[3]Crimes Act 1958, s 22.
[4]Crimes Act 1958, s 23.
[5]Summary Offences Act 1966, s 23.
[6]Crimes Act 1958, s 18.
[7]Crimes Act 1958, s 18.
[8]Summary Offences Act 1966, s 24(2).
[9]Crimes Act 1958, s 197(1).
[10]Summary Offences Act 1966, s 52A.

On two previous occasions, 23 March 2020 and 18 June 2020, the applicant has been refused bail in the Magistrates’ Court. On both those occasions the magistrate found, first, that there were no exceptional circumstances justifying the grant of bail, and, secondly, that there were no bail conditions available that would render the applicant an acceptable risk. Charges against the applicant are next listed for a contested committal hearing in the Geelong Magistrates’ Court on 11 November 2020.

Accepting that he must establish exceptional circumstances justifying the grant of bail, the applicant now seeks bail from this Court.

That application is opposed. The respondent contends that exceptional circumstances have not been established, and that, in any event, the applicant poses an unacceptable risk that he would endanger the safety or welfare of SC,…

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 Re Angus

Details

AGLC: Re Angus [2020] VSC 437
Case: [2020] VSC 437
Decision Date: 16 July 2020

CaseChat Overview and Summary

The case of Re Angus involved a defendant who was before the court on a bail application. Angus was already on a community correction order when he was charged with a serious offence under Schedule 2. The court had to determine whether bail should be granted under these circumstances, particularly considering the need for exceptional circumstances and the potential risk of Angus committing another offence while on bail. The legal issues included assessing the risk to the community and the likelihood of Angus appearing at his trial if released on bail.

The court addressed the criteria for granting bail as outlined in the Bail Act 1977. It examined whether there were exceptional circumstances that warranted the grant of bail, considering the nature and seriousness of the offence, Angus’s criminal history, and the risk he posed to the community. The court also considered the principle that bail should generally be denied for Schedule 2 offences due to the unacceptable risk to public safety. After weighing these factors, the court concluded that there were no exceptional circumstances that would justify granting bail, and the risk of Angus reoffending while on bail was too high.

Consequently, the court denied bail, adhering to the provisions of the Bail Act 1977. The decision was based on the seriousness of the charged offence, Angus’s prior criminal conduct, and the potential danger he posed to the community if released on bail. The court found that the risk of Angus committing another offence while on bail outweighed any considerations in favour of granting bail. The orders of the court reflected this decision, with Angus remaining in custody pending the outcome of his trial.

Orders