Re Application for bail by Aliti - [2020] VSC 647

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2020 0224

IN THE MATTER of the Bail Act 1977

-and-

IN THE MATTER of an application for bail by Lindim ALITI

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JUDGE:	COGHLAN JA
WHERE HELD:	Melbourne
DATE OF HEARING:	22 September 2020
DATE OF JUDGMENT:	22 September 2020
DATE OF REASONS:	2 October 2020
CASE MAY BE CITED AS:	Re Application for bail by Aliti
MEDIUM NEUTRAL CITATION:	[2020] VSC 647

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CRIMINAL LAW – Application for Bail – Murder – Exceptional circumstances established – No unacceptable risk – Bail granted with surety of $600,000.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr R Richter QC with Ms C Marcs	Empire Lawyers
For the Respondent	Mr M Rochford QC with Ms J McGarvie	Ms A Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

On 22 September 2020 I granted bail to Lindim Aliti (‘the applicant’). I indicated that I would provide my reasons which follow.

Introduction

On 18 July 2020, the applicant was arrested and charged with murder in relation to the stabbing death of Thomas Tran in Oakleigh on 29 June 2020.

The applicant has been in custody since his arrest. By notice dated 9 September 2020, he applies for a grant of bail in this Court. This is his first application for bail.[1]
[1]Pursuant to s 13(2) of the Bail Act 1977 (‘the Act’), only the Supreme Court, or a court on committing the person for trial, may grant bail to a person accused of murder.

The matter is at an early stage of the committal process, being next listed for committal mention in the Melbourne Magistrates’ Court on 18 December 2020. At the time this application was filed, the applicant’s solicitor had not been provided with a summary of the allegations against the applicant. On 11 September 2020, the respondent provided a draft statement of material facts to both the Court and the applicant’s solicitor.

The hand-up brief in this matter is required to be served by 6 November 2020. On 25 August 2020, the respondent successfully sought orders for compulsory examination of three witnesses, which will take place on 1 December 2020.

The applicable legislation

For the purposes of the Bail Act 1977 (‘the Act’), murder is a Schedule 1 offence.[2] It follows that bail must be refused unless the Court is satisfied that exceptional circumstances exist that justify the grant of bail.[3] The onus of satisfying the Court as to the existence of exceptional circumstances is on the applicant.[4] In considering whether exceptional circumstances exist, the Court must take into account the relevant ‘surrounding circumstances’, including those prescribed in s 3AAA.[5]
[2]The Act, sch 1, item 2.
[3]Ibid ss 4AA(1), 4A(1)-(1A).
[4]The Act, s 4A(2).
[5]Ibid s 4A(3).

If satisfied that exceptional circumstances exist, the Court must apply the unacceptable risk test. In doing so, the Court must refuse bail if satisfied by the prosecutor that there is an unacceptable risk of the kind set out in s 4E(1)(a).…

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 Application for bail by Aliti

Details

AGLC: Re Application for bail by Aliti [2020] VSC 647
Case: [2020] VSC 647
Decision Date: 22 September 2020

CaseChat Overview and Summary

The court was presented with an application for bail by the accused, Aliti, who was facing a charge of murder. The application was heard by a judge of the Supreme Court of Victoria. The key issue before the court was whether there were exceptional circumstances that would justify the granting of bail despite the seriousness of the charge.

The court considered the evidence and submissions made by both the prosecution and the defence. It was noted that Aliti had no prior criminal record and had shown a willingness to cooperate with the investigation. The court found that there were exceptional circumstances, including the absence of a flight risk and the strength of the surety provided, which mitigated the risk to the community. The judge was satisfied that the risk of the accused failing to appear in court or reoffending was minimal.

As a result, the court granted bail with a surety of $600,000. The judge outlined specific conditions to ensure compliance with the bail terms, including regular reporting to a bail supervisor and electronic monitoring. The decision emphasised the importance of balancing the rights of the accused with the need to protect the community, ultimately finding that the exceptional circumstances outweighed the gravity of the charge in this instance.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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