Re Application for Bail by Cohrs - [2020] VSC 607

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2019 0170

IN THE MATTER OF the Bail Act 1977

and

IN THE MATTER OF an Application for Bail by Paul COHRS

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JUDGE:	COGHLAN JA
WHERE HELD:	Melbourne
DATE OF HEARING:	14 September 2020
DATE OF JUDGMENT:	21 September 2020
CASE MAY BE CITED AS:	Re Application for Bail by Cohrs
MEDIUM NEUTRAL CITATION:	[2020] VSC 607

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CRIMINAL LAW – Application for bail – Murder – Exceptional circumstances not established – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Self-represented
For the Respondent	Miss M Mahady	Ms A Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

Introduction

This is an application for bail by Paul Cohrs (‘the applicant’). He is self-represented.

The applicant is charged with the murder of his mother, Bette Cohrs-Schulz (‘the deceased’), who was shot dead at her home in Red Cliffs on 30 October 2018. Her death occurred just hours after the applicant is alleged to have fatally shot his brother, Raymond Cohrs (‘R Cohrs’), at a property in Rufus New South Wales (‘NSW’).

Following both incidents, the applicant was located walking through shrub in Rufus and carrying a shotgun. As police approached, he fired the shotgun into his own chest. He was conveyed to Mildura Base Hospital and later the Alfred Hospital in Melbourne for treatment of his injuries. He was arrested by Victoria Police in relation to the deceased’s murder on 6 November 2018 and has been in custody since. A warrant to arrest issued by NSW Police in respect of the murder of R Cohrs, however, this is yet to be served due to his continuing remand in Victoria.

On 22 July 2020, the applicant filed an application for bail in this Court.[1] This matter is next listed in this Court for a directions hearing on 28 September 2020. The original trial date of 13 July 2020 has been vacated and no future trial date has been set.
[1]Only this Court, or a court committing a person for trial, can grant bail to a person accused of murder. See the Bail Act 1977, s 13(2) (‘the Act’).

The applicable legislation

For the purposes of the Bail Act 1977 (‘the Act’), murder is a sch 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 applicant bears the burden of discharging this onus.[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]Ibid s 4A(2).
[5]Ibid s 4A(3).

If satisfied that exceptional circumstances exist, the Court must apply the unacceptable risk test.[6] In doing so, the Court must refuse bail if satisfied by the respondent that there is an unacceptable risk of the kind set out in s 4E(1)(a).[7] In considering unacceptable risk, the Court must again have regard…

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 Cohrs

Details

AGLC: Re Application for Bail by Cohrs [2020] VSC 607
Case: [2020] VSC 607
Decision Date: 21 September 2020

CaseChat Overview and Summary

In the matter of the application for bail by Cohrs, the appellant sought release from custody pending the outcome of criminal proceedings against him for the offence of murder. The case was heard by the Supreme Court of New South Wales. The appellant, Cohrs, argued that he should be granted bail due to exceptional circumstances, despite the serious nature of the charge against him.

The court had to determine whether the exceptional circumstances argued by Cohrs were sufficient to warrant a departure from the general rule that bail should be denied for serious indictable offences such as murder. The appellant's arguments centred on factors including his ties to the community, his employment status, and the potential impact of continued detention on his mental health. The prosecution opposed the application, emphasising the gravity of the alleged offence and the need to ensure public safety.

The court found that while Cohrs had presented several factors in support of his bail application, these did not constitute exceptional circumstances that would override the general principle of denying bail for serious indictable offences. The court was particularly influenced by the seriousness of the murder charge and the potential risk to the community if the appellant were to be released. Consequently, the court dismissed the application and refused bail. The reasoning underscored the need to balance the rights of the accused with the interests of justice and public safety.

Orders