| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0258
| IN THE MATTER of the Bail Act 1977 | |
| and | |
| IN THE MATTER of an application for bail by RENATA BOLVAN | Applicant |
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JUDGE: | NIALL JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 12 October 2021 |
DATE OF ORDERS: | 12 October 2021 |
DATE OF REASONS: | 14 October 2021 |
CASE MAY BE CITED AS: | Re application for bail by Bolvan |
MEDIUM NEUTRAL CITATION: | [2021] VSC 664 |
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CRIMINAL LAW – Application for bail – Applicant charged with Schedule 1 offences – Trafficking in a drug of dependence in not less than a commercial quantity – Exceptional circumstances – Whether unacceptable risk – Risk addressed by strict conditions – Bail granted with conditions – Bail Act 1977 ss 1B, 3AAA, 4, 4A, 4AA, 4D, 4E.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr N Brown | Nelson Brown Legal |
| For the Respondent | Mr M Roper | Office of Public Prosecutions |
HIS HONOUR:
Introduction
At the conclusion of the hearing I granted the applicant bail subject to conditions. I gave very brief reasons for making the order and said that I would provide detailed reasons in due course. What follows are my reasons for granting bail.
The applicant is 50 years old and has no criminal history. She has been on remand since 8 September 2021, having been arrested on that day and charged with the following 27 offences:
(a) trafficking in a drug of dependence in not less than a commercial quantity;[1]
[1]Contrary to s 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
(b) trafficking in a drug of dependence (six counts);[2]
[2]Contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
(c) possessing a drug of dependence (nine counts);[3]
[3]Contrary to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
(d) possessing a traffickable quantity of firearms;[4]
[4]Contrary to s 7C of the Firearms Act 1996 (Vic).
(e) possessing an unregistered general category handgun (three counts);[5]
[5]Contrary to s 7B of the Firearms Act 1996 (Vic).
(f) possessing ammunition without a licence;[6]
[6]Contrary to s 124 of the Firearms Act 1996 (Vic).
(g) possessing a prohibited weapon (four counts);[7]
(h) knowingly dealing in proceeds of crime;[8] and
(i) handling stolen goods.[9]
[7]Contrary to s 5AA of the Control of Weapons Act 1990 (Vic).
[8]Contrary to s 194 of the Crimes Act 1958 (Vic).
[9]Contrary to s 88 of the Crimes Act 1958 (Vic).
The applicant was refused bail in the Melbourne Magistrates’ Court on 22 September 2021 on the basis that, notwithstanding she had established exceptional circumstances, she was considered an unacceptable risk of committing an offence, endangering the safety or welfare of any person, and interfering with a witness or otherwise obstructing the course of justice.
There are two co-accused in the matter, Rita Porreca and Rino Anfuso. They were both arrested with the applicant and face identical charges to her. Ms Porreca was refused bail in the…
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- AGLC
- Re application for bail by Bolvan [2021] VSC 664
- Case
- [2021] VSC 664
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the charges, the potential penalties, and the risk factors associated with the applicant's release. It also considered the evidence presented on behalf of the applicant regarding exceptional circumstances and the likelihood of the applicant complying with strict bail conditions. The court concluded that, although the charges were serious, the risk posed by the applicant could be sufficiently managed through the imposition of stringent bail conditions. These conditions were designed to ensure the applicant's compliance and to mitigate any potential risks to the community.
In light of the above, the court granted bail to the applicant, imposing strict conditions to manage the risk of reoffending and ensure the applicant's attendance at future court hearings. The court emphasised the importance of strict compliance with the conditions imposed and the potential consequences of breaching them. The court was satisfied that the strict conditions would adequately address the risk factors and that granting bail was appropriate in the circumstances. The court also noted that the exceptional circumstances presented by the applicant warranted consideration, contributing to the decision to grant bail.
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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