| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 0038 of 2014
IN THE MATTER of the Bail Act 1977 (Vic)
and
IN THE MATTER of an application for bail by JANG JAMES BIR
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JUDGE: | DIXON J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 9 APRIL 2014 | |
DATE OF JUDGMENT: | 14 APRIL 2014 | |
CASE MAY BE CITED AS: | Re APPLICATION FOR BAIL BY JANG BIR | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 160 | |
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BAIL – show cause – whether unacceptable risk that applicant would fail to answer bail or reoffend if admitted to bail – bail refused – s 4 Bail Act 1977.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | The informant was represented by Inspector R Koo | |
| For the Applicant | Ms D Lamovie | Victoria Legal Aid |
HIS HONOUR:
On 14 December 2013, the applicant was seriously injured in a motor vehicle accident. He suffered a traumatic brain injury, fractures of his left leg and abrasions to his face. Initially admitted to the Alfred Hospital, he was discharged to inpatient rehabilitation on 21 December 2013. The applicant was discharged home on 7 January 2014 with TAC approval to undertake a six week multi-disciplinary outpatient rehabilitation program that would include physiotherapy, occupational therapy, neuropsychology and social work. He initially attended that program on 28 January 2014.
There were a number of outstanding warrants for the applicant’s arrest, and on 3 February 2014, he attended by appointment at the Dandenong police station and was remanded into custody.
The applicant faced a number of charges from separate occasions of offending laid on the information of six police officers, as well as proceedings for breach of a community based order. The charges he faced included shop theft of alcohol, failing to appear on bail, drunk in a public place, and assault charges. These offences had been committed between January 2012 and March 2013. The outstanding warrants for his arrest had been issued on occasions when he had failed to answer his summons or his bail.
An application for bail on 3 February 2014, made on his behalf by a lawyer, was refused. After Dr Samantha Kennedy, a specialist in rehabilitation medicine, produced a report regarding the applicant’s inpatient stay at the Victorian Rehabilitation Centre and the continuing treatment required, a further application for bail was made on 21 February 2014. That application was also refused on the grounds that there were no new facts or circumstances. I will return to Dr Kennedy’s report.
At the hearing before me, the applicant had been in custody on remand for 64 days. The applicant proposes to plead guilty to some charges and to contest others. There is a contest mention on 22 April 2014. I was informed that the contest is likely to be heard in early June 2014. If not admitted to bail, the applicant faces a period in custody on remand of a little over four months, provided this timetable is accurate.
Although s 4(1)(b) of the Bail Act 1977 provides…
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- AGLC
- Re Application for Bail By Jang Bir [2014] VSC 160
- Case
- [2014] VSC 160
- Decision Date
CaseChat Overview and Summary
The court ordered that Jang James Bir remain in custody.
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