| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0172
| IN THE MATTER of the Bail Act 1977 |
| -and- |
| IN THE MATTER of an Application for Bail by CASPER DE WAIJ |
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JUDGE: | JANE DIXON J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 29 November, 1 & 6 December 2016 |
DATE OF JUDGMENT: | 6 December 2016 |
CASE MAY BE CITED AS: | Re Application for Bail by De Waij |
MEDIUM NEUTRAL CITATION: | [2016] VSC 805 |
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CRIMINAL LAW – Bail – Show cause situation – Applicant diagnosed with borderline personality disorder – Applicant offered place at drug and alcohol rehabilitation facility – Where drug addiction not central to offending – Whether unacceptable risk – Bail refused
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr S Bayles | Emma Turnbull Lawyers |
| For the Respondent | Mr C F Thomson | Office of Public Prosecutions |
HER HONOUR:
The applicant, a 23 year old man, seeks bail and must show cause why his detention in custody is not justified because he has been charged with indictable offences whilst he was at large awaiting trial for another indictable offence,[1] and because he has been charged with the offence of trafficking a drug of dependence.[2]
He was arrested and charged on 25 August 2016 by Detective Sergeant Holmes (‘the informant’) with the following 12 offences (‘the Holmes brief’):
Charge Offence 1 Prohibited person possessing a firearm at Carnegie on 16 August 2016 2 Trafficking a drug of dependence: methylenedioxymethamphetamine (‘Ecstasy’) at Carnegie on 16 August 2016 3 Possessing a drug of dependence: methylenedioxymethamphetamine (‘Ecstasy’) at Carnegie on 16 August 2016 4 Trafficking a drug of dependence: methylamphetamine (‘Ice’) at Carnegie on 16 August 2016 5 Possessing a drug of dependence: methylamphetamine (‘Ice’) at Carnegie on 16 August 2016 6 Recklessly engaging in conduct (being improper use of a motor vehicle) that placed a person in danger of serious injury at Berwick on 23 August 2016 7 Handling stolen goods (being a Winchester .44 rifle) by or on behalf of another, knowing or believing it to be stolen, at Carnegie on 16 August 2016 8 Handling stolen goods (being three sets of stolen registration plates) by or on behalf of another, knowing or believing them to be stolen, at Carnegie on 16 August 2016 9 Handling stolen goods (being items of jewellery) by or on behalf of another, knowing or believing them to be stolen, at Carnegie on 16 August 2016 10 Handling stolen goods (being 43 rounds of ammunition) by or on behalf of another, knowing or believing them to be stolen, at Carnegie on 16 August 2016 11 Possessing cartridge ammunition without licence or permit on at Carnegie on 16 August 2016 12 Carrying cartridge ammunition in a manner that was not secure and dangerous at Carnegie on 16 August 2016
It is likely that the informant will amend charges 4 and 5 to substitute the drug concerned…
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- AGLC
- Re Application for Bail by De Waij [2016] VSC 805
- Case
- [2016] VSC 805
- Decision Date
CaseChat Overview and Summary
The court needed to decide if, in light of the diagnosis and the rehabilitation offer, De Waij presented an unacceptable risk to the community. It examined the nature and seriousness of the alleged offences, the likelihood of De Waij reoffending, and the adequacy of the proposed rehabilitation measures in mitigating any risk. The court also considered the public interest in De Waij's detention, including the need for general deterrence and protection of the community.
In delivering its decision, the court held that despite the diagnosis and the rehabilitation offer, De Waij posed an unacceptable risk to the community. The court found that the alleged offences were serious and that there was a significant likelihood of reoffending. The court also noted that the rehabilitation offer did not directly address the risk factors associated with the alleged drug-related offences. Therefore, the court refused bail, concluding that the public interest in ensuring community safety outweighed the applicant's right to liberty.
The final orders of the court were that the application for bail was refused. The court directed that De Waij remain in custody pending the outcome of the criminal proceedings against him.
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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