Re Application for Bail by Eddie Balliro

[2013] VSC 91

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2013 0020

IN THE MATTER of the Bail Act1977 (Vic)

and

IN THE MATTER of an Application for Bail by EDDIE BALLIRO

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JUDGE:	OSBORN JA
WHERE HELD:	Melbourne
DATE OF HEARING:	1 March 2013
DATE OF JUDGMENT:	1 March 2013
CASE MAY BE CITED AS:	Re Application for Bail by Eddie Balliro
MEDIUM NEUTRAL CITATION:	[2013] VSC 91

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CRIMINAL LAW – Bail – Application for bail pending appeal of conviction and sentence – Where Crown claimed unacceptable risk of applicant interfering with Crown witnesses – Conditions of bail – Criminal Procedure Act 2009 s 265 – Bail Act 1997 s 4 – bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr S Gardner	James Dowsley & Associates
For the Respondent	Ms A Bhai	The Office of Public Prosecutions

HIS HONOUR:

1. The applicant, Eddie Balliro, was convicted at the Frankston Magistrates' Court on 11 February 2013 in respect of one charge of making a threat to kill and sentenced to a term of three months' imprisonment. Thereafter he lodged an appeal to the County Court against conviction and sentence. Such an appeal is an appeal by way of rehearing and s 265 of the Criminal Procedure Act provides that the question of bail pending such an appeal is to be determined on the basis that the applicant has been accused but not convicted of the offence. 

1. The Magistrate refused bail pending the appeal and he now applies to this Court for bail. He is prima facie entitled to bail pursuant to s 4 of the Bail Act, but in the first instance, that application was opposed on the basis that he posed an unacceptable risk to witnesses.  As I understand it, the risk related specifically to the alleged victim and the two witnesses who were called to give evidence at the Magistrates' Court. 

1. Before me today, Ms Bhai, who appears for the Crown, has properly conceded that the question of unacceptable risk of interference with witnesses might be addressed by conditions.  Mr Gardner has indicated that the applicant would accept, in addition to the usual standard conditions relating to bail imposed pursuant to s 5(1) of the Act, that, (1) the applicant reside at 1A Shanns Avenue, Mt Martha in the State of Victoria; (2) the applicant not attend within 200 metres of Richardson Drive, Mornington; (3) the applicant not contact any witness relating to the alleged offence, that is any witness for the prosecution relating to the alleged offence, except the informant. 

1. I propose to grant bail on those conditions.  Mr Gardner has assured the court that the applicant understands the necessity to abide by the conditions and, as I have sought to emphasise, any breach will be easy of detection and enforcement.