Re Application for Bail by KA - [2016] VSC 444

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2016 0100

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by KA

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JUDGE:	JANE DIXON J
WHERE HELD:	Melbourne
DATE OF HEARING:	26 July 2016
DATE OF JUDGMENT:	26 July 2016
CASE MAY BE CITED AS:	Re Application for Bail by KA
MEDIUM NEUTRAL CITATION:	[2016] VSC 444

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CRIMINAL LAW – Bail – Applicant aged 17 – Show cause situation – Bail granted – Bail Act 1977 (Vic) ss 3B, 4(2)(d), 4(3), 4(4) – No principle of law

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr P J Smallwood	Victoria Legal Aid
For the Respondent	Ms B Cowley	Victoria Police

HER HONOUR:

This is an application for bail by a young person, KA (the ‘Applicant’), who has been charged with offences, in two separate police briefs, allegedly committed in June and July 2016. Both prosecutions are now pending before the Children's Court.

The Applicant is aged 17 having been born in [country redacted] on [date redacted].

He has lived in Australia since early childhood arriving here with his mother in 2003.

He normally resides with his mother, a sister and two brothers in [location redacted] in the Western suburbs of Melbourne.

He has no prior convictions.

He was charged and bailed by Detective Senior Constable Frazer on a number of offences before being again arrested, this time by the Respondent to this application, Detective Senior Constable Jon Ballard.

The sequence of offences currently awaiting determination in the Children’s Court are therefore as follows:

Police Brief Date of Charges Charges

Frazer
25 June 2016
1.   Theft of Motor Vehicle on 25 June 2016

2.   Fail to Stop Motor Vehicle on Request on 25 June 2016

3.   Dangerous Driving While Pursued by Police on 25 June 2016

4.   Evade Police on 25 June 2016

5.   Handle Stolen Goods on 25 June 2016

6.   Unlicensed Driving on 23 June 2016

8           24 July 2016 7.   Theft on 17 June 2016

8.   Robbery on 23 June 2016

9.   Obtain Property by Deception on 23 June 2016

10. Obtain Financial Advantage by Deception on 23 June 2016

11. Theft on 25 June 2016

12. Attempt to Obtain Property by Deception on 24 June 2016

13. Attempt to Obtain Property by Deception on 24 June 2016

14. Obtain Property by Deception on 24 June 2016

15. Obtain Property by Deception on 24 June 2016

Ballard 14 July 2016 1.   Aggravated Burglary on 10 July 2016

2.   Theft on 11 July 2016

3.   Theft of Motor Vehicle on 11 July 2016

4.   Commit an Indictable Offence Whilst on Bail on 11 July 2016

The Applicant was bailed on the Frazer charges by Detective Frazer on 25 June 2016 to appear at the Children's Court at Werribee on 9 September 2016.

The conditions of bail were that he was to reside at his mother's address, not leave the residence between 6 pm…

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 KA

Details

AGLC: Re Application for Bail by KA [2016] VSC 444
Case: [2016] VSC 444
Decision Date: 26 July 2016

CaseChat Overview and Summary

The applicant, KA, applied for bail under the Bail Act 1977 (Vic). The dispute involved the applicant's eligibility for bail, given their age and the nature of the offence, which constituted a show cause situation. The matter was heard by the Supreme Court of Victoria.

The court had to determine whether the applicant's age and the seriousness of the alleged offence warranted the refusal of bail. The legal issues included whether the provisions of the Bail Act 1977 (Vic) permitted the consideration of age as a factor in the bail decision, and whether there was a principle of law that prevented the court from granting bail in such circumstances.

The court examined the relevant sections of the Bail Act 1977 (Vic), particularly sections 3B, 4(2)(d), 4(3), and 4(4). It found that the age of the applicant did not preclude the court from granting bail, as the act does not explicitly prohibit it. The court held that there was no principle of law that prevented the granting of bail to the applicant, given the circumstances of the case. As a result, the court granted the applicant's application for bail.

The Supreme Court of Victoria granted the application for bail, emphasising the importance of individual circumstances in bail decisions. The court found no legal impediment to granting bail to the applicant, who was 17 years old, based on the seriousness of the offence and the other factors considered.

Orders