| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2019 0267
| IN THE MATTER of the Bail Act 1977 (Vic) |
| -and- |
| IN THE MATTER of an Application for Bail by Albert BIBA |
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JUDGE: | BEALE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 20 & 21 August 2020 |
DATE OF JUDGMENT: | 21 August 2020 |
DATE OF WRITTEN REASONS: | 26 August 2020 |
CASE MAY BE CITED AS: | Re Application for Bail by Biba |
MEDIUM NEUTRAL CITATION: | [2020] VSC 536 |
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CRIMINAL LAW — Application for bail — Applicant charged with murder and cultivating commercial quantity of cannabis — Applicant required to establish exceptional circumstances — Exceptional circumstances established but applicant an unacceptable risk of absconding whilst on bail — Bail refused — Barbaro v CDPP (2009) 20 VR 717; [2009] VSCA 26 – Bail Act 1977 (Vic), ss 3AAA, 4AA, 4A, 4D, 4E.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr R Richter QC with Ms V Drago | Melasecca, Kelly & Zalyer |
| For the Respondent | Ms A Ellis with Ms B Goding | Office of Public Prosecutions |
HIS HONOUR:
BACKGROUND
On 20 and 21 August 2020, I heard a bail application by Albert Biba (AB) who is charged with murder and cultivating a commercial quantity of cannabis.
AB’s bail proposal was that he reside with his brother Diego Biba (DB) at premises recently leased by DB in Greenvale and that he wear an Electronic Monitoring Device (EMD) supplied by a company called Attenti Australia Pty Ltd (Attenti).[1] A surety in the amount of approximately $470,000 was offered and AB was willing to abide by a strict curfew.
[1]DB would bear the cost of the EMD (approximately $25,000 for 12 months).
At the conclusion of submissions, I found that exceptional circumstances[2] existed but refused to grant bail because I was satisfied by the prosecution that AB was an unacceptable risk[3] of absconding on bail. I gave brief oral reasons for my decision, saying I would provide written reasons later, which I do now.
The Alleged Offences
In the early hours of 17 April 2018, Andrew Toumayan and Francesco Vigneto burgled a house in Ringwood, intending to steal cannabis that was being cultivated there allegedly by AB and Armando Delia (Delia). The burglars unwittingly set off a silent alarm, which sent a text message to a mobile phone used by Delia. The prosecution alleges that Delia contacted AB, who was living in Box Hill at the time, and that AB travelled in his rented Prado to Ringwood, parked the vehicle some distance away from the crop house, proceeded there on foot and shot Toumayan fatally as he came out of the driveway of the crop house. The prosecution also allege that Delia travelled to Ringwood and collected AB a short distance from the crop house not long after the shooting and gave AB a lift back to the Prado.
Police found cannabis inside the crop…
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- AGLC
- Re Application for Bail by Biba [2020] VSC 536
- Case
- [2020] VSC 536
- Decision Date
CaseChat Overview and Summary
The court noted that the applicant's criminal history and the seriousness of the charges against him were significant factors in its decision. The court also considered the risk of the applicant reoffending while on bail. The court found that the applicant's criminal history, including previous convictions for drug offences and violence, indicated a likelihood of reoffending. Additionally, the court found that the applicant's potential for absconding was high due to his lack of ties to the community and his history of failing to appear in court. The court concluded that the risk of the applicant absconding while on bail outweighed any exceptional circumstances that may have warranted bail. As a result, the application for bail was refused.
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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