Re Application for Bail by Goodwin
[2020] VSC 459
•28 July 2020
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2020 0146
| IN THE MATTER of the Bail Act 1977 | |
| and | |
| IN THE MATTER of an application for bail by Lily GOODWIN | |
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JUDGE: | COGHLAN JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | On the papers |
DATE OF ORDERS: | 9 July 2020 |
DATE OF REASONS: | 28 July 2020 |
CASE MAY BE CITED AS: | Re Application for Bail by Goodwin |
MEDIUM NEUTRAL CITATION: | [2020] VSC 459 |
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CRIMIMAL LAW – Application for bail – Unopposed application – Parties consented to the application being determined on the papers – Compelling reasons justifying the grant of bail made out – No unacceptable risk – Bail granted with conditions.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | No appearance | Stary Norton Halphen |
| For the Respondent | No appearance | Ms A Hogan, Solicitor for Public Prosecutions |
HIS HONOUR:
This is an application for bail by Lily Goodwin (‘the applicant’) who has been charged with the following:
(a) Attempting to pervert the course of justice;
(b) Trafficking in a drug of dependence (five counts) (methylamphetamine, amphetamine, cocaine, ketamine and MDMA);
(c) Possessing a drug of dependence (five counts) (cannabis, MDMA, GHB, dexamphetamine and Tadalafil);
(d) Possessing an explosive without a lawful excuse (fireworks); and
(e) Dealing with property suspected to be the proceeds of crime.
Because of the drug trafficking charges the Court is obliged, unless I am satisfied by the applicant that a compelling reason exists to justify the grant of bail, to refuse bail. The details of the offending are as follows:
Drug related offences
The charges in the present matter arise from an investigation commenced by Victoria Police in September 2019 into the trafficking of drugs of dependence by co-accused William Orde (‘Orde’) in the Warrnambool area. Electronic communications between Orde and others were monitored pursuant to a telephone intercept warrant issued in March 2020.
On 8 May 2020, police executed a search warrant at the applicant’s residence at 2 Coulson Court, Hamilton as part of the resolution phase of the investigation. The applicant’s partner, co-accused Daniel McDonnell (‘McDonnell’), was located in their shared bedroom standing beside a Milwaukee bag. The applicant returned to the address a short time later.
Police located the following within the Milwaukee bag:
(a) approximately 200 grams of cannabis;
(b) approximately 12 grams of amphetamines;
(c) approximately 6 grams of ketamine;
(d) approximately 28 grams of cocaine;
(e) approximately 17 grams of methylamphetamine;
(f) approximately 26 grams of MDMA;
(g) two MDMA (ecstasy) tablets;
(h) two Tadalafil prescription tablets;
(i) approximately 150 dexamphetamine tablets;
(j) a small quantity of GHB;
(k) two small fireworks;
(l) a large quantity of used and unused zip lock bags, digital scales and methylamphetamine smoking pipes; and
(m) $4,690 in cash.
Cash in the amount of $305 was also located in the applicant’s purse which was on the lounge room table.
The prosecution case in relation to the trafficking charges relies in part on a number of text messages and Facebook Messenger conversations located on the applicant’s phone, including the following:
(a) on 14 March 2020, the applicant and McDonnell discussed money;
(b) on 13 April 2020, McDonnell asked the applicant whether some ‘capsules’ had arrived, to which she responded that they had not but had been ordered; and
(c) on 17 April 2020, the applicant received a message from another person stating ‘She needs a quarter, 5 caps, 2 grams of speed, and bam that’s 5K for him’. She responded that she would ‘sort it’ and later, ‘I’ve got your aunties stuff… I’ll drop’.
Attempting to pervert the course of justice
In March 2020, the applicant swapped her own vehicle, registration 1JJ 1WP, with Orde for another vehicle.
On 8 April 2020, Orde allegedly crashed the vehicle with registration 1JJ 1WP, which at the time was still registered to the applicant. He was arrested later that morning in relation to suspected drug possession offences.
Intercepted conversations between the applicant and Orde on 11 April 2020 recorded the two allegedly formulating a plan for co-accused Tory Muller (‘Muller’) to make false admissions to being the driver at the time of the collision.
On 21 April 2020, police spoke to the applicant and asked her to identify the driver at the time of the collision pursuant to section 60 of the Road Safety Act 1986). She stated that Muller was the driver.
On 25 April 2020, Muller made admissions to being the driver of the vehicle during an interview with police. Telephone intercept evidence also allegedly records that Orde paid Muller $4,000 to make those false admissions.
Arrest and Remand
On 8 May 2020 after the search warrant was executed, the applicant and McDonnell were conveyed to the Hamilton police station for interview, during which the applicant allegedly made full admissions.
She was charged and remanded in custody on all charges.
Conclusions
As observed above, the applicant was arrested on 8 May 2020 and has been remanded to 21 August 2020. The application had been opposed up until 9 July 2020. On 8 July 2020 a further affidavit and two draft affidavits were filed with the court.
The two draft affidavits set out the support open to the applicant if released.
Having reviewed that material the Office of Public Prosecutions, who have the conduct of the application for the respondent, informed the Court by email that the application was not opposed and separately agreed to the matter being heard on the papers.
Solicitors for the applicant agreed to the same procedure.
At my request the parties settled the conditions appropriate for the grant of bail.
For completeness I am satisfied that the concession on behalf of the respondent is appropriate.
I am satisfied that a compelling reason has been shown, in particular, because of potential delay, the likely sentence to be imposed if the applicant were to be convicted, the fact that the applicant has no prior convictions and the matters personal to the applicant, including the matters set out in the draft affidavit from her mother and aunt.
It was not contended by the respondent that the applicant was an unacceptable risk on bail and I am satisfied in any event that she is not.
I ordered that the applicant be admitted to bail on her own undertaking and on the following special conditions:
1. She attend the Warrnambool Magistrates’ Court on 21 August and then surrender herself, and must not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender herself into custody.
2. She reside at [address redacted], and not change that address without the leave of the Court.
3. She remain at those premises between the hours of 11:00pm and 6:00am each day for the duration of bail unless in the company of one or both of her parents.
4. She present herself at the front door of the premises during those curfew hours if and when called upon by a member of Victoria Police to do so.
5. She abstain from the consumption of any drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1998 (Vic) without lawful authorisation under that Act.
6. She not contact, directly or indirectly, the co-accused, being Daniel McDonnell, William Orde and Tory Muller, for the duration of the bail period.
7. She not contact, directly or indirectly, any witness for the prosecution, except the informant.
8. She not leave the State of Victoria.
9. She surrender any passport or travel documents she may have to the informant within 24 hours.
10. She not attend any points of international departure.
Under other matters the following was noted:
1.The Court is satisfied that compelling reasons exist and that it has not been shown that the applicant is an unacceptable risk, for the reasons to be published.
2.The application for bail was not opposed.
3.The parties consent to the matter being dealt with on the papers today.
4.The hearing fixed for 10 July 2020 has been vacated.
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