| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2017 0179
IN THE MATTER of the Bail Act 1977 (Vic)
and
IN THE MATTER of an application for Bail by ‘MO’ (a pseudonym)[1]
[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant and other parties.
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JUDGE: | WEINBERG AP |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 13 September 2017 |
DATE OF REASONS: | 18 September 2017 |
CASE MAY BE CITED AS: | Re Application for Bail by ‘MO’ |
MEDIUM NEUTRAL CITATION: | [2017] VSC 557 |
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CRIMINAL LAW – Application for bail – Applicant charged with trafficking a large commercial quantity of heroin and dealing with proceeds of crime – Whether exceptional circumstances demonstrated – Whether applicant poses unacceptable risk of failing to surrender himself into custody – Lengthy and unacceptable delay – Exceptional circumstances not shown as applicant had admitted having trafficked large commercial quantity, and disputed only total quantum alleged and period of offending – Applicant had close ties outside jurisdiction and access to significant assets – Applicant unacceptable risk – Bail refused.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr R Van de Wiel QC | Valos Black & Associates |
| For the Crown | Mr M Gibson with Mr J Manning | Mr J Cain, Solicitor for Public Prosecutions |
HIS HONOUR:
On 13 September 2017, I heard an application by MO for bail. At the conclusion of that application, I indicated that bail would be refused. I said that I would provide reasons at a later date. These are those reasons.
The applicant is aged 52. He has been charged with the following offences:
1. The accused at Thomastown and other various places between 30 October 2014, and 17 December 2014 did traffick a drug of dependence namely diacetylmorphine (heroin), in a quantity that is not less than a large commercial quantity applicable to that drug. (Section 71 – Drugs Poisons and Controlled Substances Act 1981).
2. The accused at Wollert on 17 December did deal with property, namely $15,000 cash, knowing that it was the proceeds of crime. (Section 194 – Crimes Act 1958).
The particulars to charge 1 assert that, over the period of some six weeks or so specified in that charge, the applicant was a ‘controller’ of a syndicate that sold a total of approximately three kilograms of heroin, in four transactions, over the relevant period.
The particulars to charge 2 allege that the applicant was in possession of cash with serial numbers previously reported by police prior to the sale of heroin to the syndicate on 19 November 2014.
The applicant is one of six individuals charged in relation to the sale of heroin, between the dates specified. The charges are brought, as between dates offending, under the principles laid down in R v Giretti.[2] Others members of the syndicate are said to have been ‘AA’, ‘KH’, ‘RM’, ‘MBW’, and ‘MD’. There was…
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- AGLC
- Re Application for Bail by MO [2017] VSC 557
- Case
- [2017] VSC 557
- Decision Date
CaseChat Overview and Summary
The court considered the seriousness of the charges and the potential penalties, which included lengthy periods of imprisonment. It was noted that the applicant had admitted to trafficking a large commercial quantity of heroin but disputed the total quantum and the period of offending. The court found that the applicant had close ties outside the jurisdiction and access to significant assets, which could facilitate his flight risk. The court also found that there had been an unacceptable delay in the proceedings. Given these factors, the court concluded that the applicant posed an unacceptable risk of failing to surrender himself into custody, and exceptional circumstances had not been demonstrated. Consequently, the court refused the applicant's bail application.
The court ordered that the applicant remain in custody until the conclusion of his trial. No further orders were made by the court regarding the applicant's bail application.
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