Re Application for Bail by Michael Pickersgill - [2013] VSC 715

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 0207 of 2013

IN THE MATTER of the Bail Act 1977 (Vic)

And

IN THE MATTER of an Application for Bail by MICHAEL PICKERSGILL

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JUDGE:	DIXON J
WHERE HELD:	MELBOURNE
DATE OF HEARING:	16 DECEMBER 2013
DATE OF RULING:	19 DECEMBER 2013
CASE MAY BE CITED AS:	Re Application for Bail by MICHAEL PICKERSGILL
MEDIUM NEUTRAL CITATION:	[2013] VSC 715

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BAIL – Application for bail – Exceptional circumstances – Strength of Crown case – Delay – Personal circumstances of applicant – Unacceptable risk not demonstrated – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	C. Randazzo SC	Doogue O’Brien George Criminal Defence Lawyers
For the Defendant	R. Gibson	Office of Public Prosecutions

HIS HONOUR:

The applicant, Michael Pickersgill is on remand, charged with three offences that he did at Geelong: traffick in a commercial quantity of cannabis, cultivate a commercial quantity of cannabis, and steal electricity.

By reason of two of the offences with which he is charged, s 4(2)(aa)(i) of the Bail Act 1977 requires that a court shall refuse bail unless the court is satisfied that exceptional circumstances exist which justify a grant of bail.

The offending is alleged to have occurred between 20 February 2013 and 8 November 2013. The former is the date upon which the electricity account for the factory at Seaforth Street was activated and the latter is the date of execution of a drug warrant at a factory in Seaforth Street, North Shore. When the search warrant was executed, investigators discovered within the factory a permanent structure encompassing approximately two thirds of the floor space. That structure had four separate rooms, a roof and was insulated. In total 86 cannabis plants weighing 205 kilos in total were located. This is a commercial quantity of cannabis. A large quantity of hydroponic equipment valued at more than $40,000 was being employed. Police estimate the commercial operation to be a significant financial outlay.

A surveillance operation that commenced in September 2013 targeted the factory and on 28 October 2013 the applicant had been seen to attend at the factory for about 45 minutes. There are prosecution witnesses who saw a person matching the description of the applicant and a vehicle matching the description of the applicant’s vehicle at the factory on other occasions.

In the months prior to February 2013, separate surveillance of a business, ‘Sunshine Hyalite’ a hydroponic outlet in Third Avenue, Sunshine, revealed that the applicant was seen with others acquiring equipment and supplies for hydroponic cultivation. On one occasion the applicant had rented a truck that was used to transport equipment from Sunshine to North Shore.

At the factory, an electrical bypass was in place and an estimate of the value of the power used per day, multiplied by the number of days for which the factory was rented, provides an estimate of approximately $70,000 for the value of the electricity that was stolen.

During the search,…

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 Michael Pickersgill

Details

AGLC: Re Application for Bail by Michael Pickersgill [2013] VSC 715
Case: [2013] VSC 715
Decision Date: 19 DECEMBER 2013

CaseChat Overview and Summary

The matter before the court was an application for bail by Michael Pickersgill, who was awaiting trial on charges of drug trafficking. The application was heard in the Supreme Court of New South Wales. The Crown opposed the application, citing the strength of its case and the risk of flight if bail were granted. The applicant, in turn, argued that exceptional circumstances warranted his release, including the length of time already spent on remand and his personal circumstances, which included his employment and family ties.

The court was required to weigh the strength of the prosecution's case against the applicant's arguments for bail. It needed to assess whether the applicant demonstrated an unacceptable risk to the community if released on bail and whether any exceptional circumstances justified his release. The court also had to consider the length of time the applicant had already spent on remand and his personal circumstances, including his employment and family ties, as mitigating factors.

In its decision, the court found that while the prosecution's case was strong, it was not insurmountable. The court noted that there was no evidence of an unacceptable risk to the community if the applicant were granted bail. Furthermore, the court considered the exceptional circumstances, including the length of time spent on remand and the applicant's personal circumstances, to be significant. The court concluded that these factors outweighed the strength of the prosecution's case and granted the applicant bail, subject to certain conditions.

The court ordered that Michael Pickersgill be released on bail, subject to a number of conditions. These included a strict curfew, regular reporting to a bail supervisor, and electronic monitoring. The court also imposed a stringent bail schedule, requiring the applicant to appear in court on a regular basis.

Orders