| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0321
| IN THE MATTER of the Bail Act 1977 | |
| v | |
| IN THE MATTER of an application for bail by ADAM MARINO | Applicant |
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JUDGE: | Niall JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 22 November 2021 |
DATE OF JUDGMENT: | 22 November 2021 |
CASE MAY BE CITED AS: | Re application for bail by Marino |
MEDIUM NEUTRAL CITATION: | [2021] VSC 769 |
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CRIMINAL LAW – Application for bail – Applicant charged with contravening a condition of bail – Alleged offending occurred while applicant on bail for other matters – Whether exceptional circumstances established – Unacceptable risk – Delay – History of unfitness to plead – Bail Act 1977 ss 1B, 3AAA, 4A, 4AA, 4E, 4D, 30A.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms H Canham | Victoria Legal Aid |
| For the Respondent | Mr N Watt | Legal Services Department, Victoria Police |
HIS HONOUR:
Adam Marino (‘the applicant’) is 45 years old and applies for bail on a single charge of contravening a conduct condition of bail. He was charged by Constable Elissa Dykstra on 10 November 2021 (‘the Dykstra matter’) and refused bail the next day at the Ringwood Magistrates’ Court. The magistrate refused bail finding that the applicant had shown exceptional circumstances justifying the grant of bail, but that there was an unacceptable risk that the applicant would commit an offence while on bail in the absence of stable housing. By notice filed on 12 November 2021, the applicant now applies for bail in this court.
At the time of the alleged offending in the Dykstra matter, the applicant was on bail for four other matters with informants De Santana, McLaren, Sibbing and Campbell. He remains on bail for these matters.
The Dykstra matter, which is the charge in respect of which bail was refused, is next listed on 26 November 2021 at Ringwood Magistrates’ Court for mention.
The alleged offending
On 10 November 2021, the applicant was charged by Leading Senior Constable Wendy Campbell with offences arising from an altercation with police around 1.00 am in Mooroolbark, after they were called to a construction site in response to the applicant verbally abusing workers and causing safety issues. He was bailed by police with conditions including not to go or remain within 500 metres of Mooroolbark or Lilydale central business districts, unless in the company of a police officer.
Later the same day at around 7.00 pm, passers-by reported to police that a man was harassing customers at the Mooroolbark Coles. Police attended and located the applicant sitting out the front of the store. The store is located on Brice Avenue which is described in the police summary as the main street of Mooroolbark, and accordingly it is alleged that he contravened the geographic exclusion in his bail conditions.
The applicant was arrested and deemed not fit for interview due to his mental state.
The applicant was charged with contravening a condition of bail.[1] At the time of…
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- AGLC
- Re application for bail by Marino [2021] VSC 769
- Case
- [2021] VSC 769
- Decision Date
CaseChat Overview and Summary
The court examined the relevant provisions of the Bail Act 1977, including sections 1B, 3AAA, 4A, 4AA, 4E, 4D, and 30A, to determine the appropriate course of action. In its reasoning, the court noted that Marino had a significant history of non-compliance with bail conditions and had been found unfit to plead on multiple occasions. This history indicated a substantial risk that Marino would reoffend if released on bail. The court also considered the potential for unacceptable delay in the proceedings if Marino were to remain in custody pending trial. After weighing these factors, the court concluded that there were no exceptional circumstances that would justify granting Marino bail. The court found that the risk of reoffending and the potential for delay outweighed any mitigating factors.
The court ultimately denied Marino's application for bail. The decision emphasised the importance of ensuring that the administration of justice is not unduly delayed and that the community's safety is protected. The court's decision was based on a careful consideration of the statutory provisions and the specific circumstances of the case.
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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