Re application for bail by Bolvan - [2021] VSC 664

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…

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 Bolvan

Details

AGLC: Re application for bail by Bolvan [2021] VSC 664
Case: [2021] VSC 664
Decision Date: 14 October 2021

CaseChat Overview and Summary

Bolvan applied for bail in relation to charges under the criminal law involving trafficking of a drug of dependence in a commercial quantity. The application was heard in a Magistrates' Court. The court was required to determine whether bail was appropriate under the Bail Act 1977 given the seriousness of the charges and the risk factors involved. This included considering whether there were exceptional circumstances that warranted bail despite the potential risks, and whether any risks could be mitigated through the imposition of strict bail conditions.

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