| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2015 0174
| IN THE MATTER of the Bail Act 1977 |
| and |
| IN THE MATTER of an Application for bail by Mussie Debresay |
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JUDGE: | JANE DIXON J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 17 December 2015 |
DATE OF JUDGMENT: | 18 December 2015 |
CASE MAY BE CITED AS: | Re Application for Bail by Mussie Debresay |
MEDIUM NEUTRAL CITATION: | [2015] VSC 756 |
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CRIMINAL LAW – Bail application – Exceptional circumstances – Application for bail granted.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D Dann SC with Mr B Johnston | Chris McLennan & Co. |
| For the Respondent | Mr S Devlin | Office of Public Prosecutions |
HER HONOUR:
Mussie Debresay is charged with the murder of TH, a two year old child.
He applies for bail and is required to satisfy me pursuant to s.4(2) of the Bail Act 1977 (Vic) that exceptional circumstances warrant the granting of bail pending trial on the charge of murder.
TH suffered traumatic and ultimately fatal injuries on 13 May 2005.
The applicant and his then partner, JL, who is the natural mother of the deceased, participated in interviews on the day of the death in May 2013 and later in September of that year. JL also made and signed a statement for police in May 2013.
Numerous witness statements were obtained by the Homicide Squad as part of their investigation in the months following the demise of TH.
The police brief indicates that on the morning of 13 May 2005, JL, mother of TH, said she got up in the morning at the applicant’s home and found TH lying on her front on the lounge room floor. TH was noticed to be very sleepy and lethargic. SB, who was a regular babysitter for the three children, paid them a short visit that morning and also noticed that TH seemed very sleepy. The babysitter commented that the applicant discouraged her from letting the children see her that morning.
TH was taken for a walk with her siblings to a nearby café in Footscray, but had trouble walking. She died in her mother’s arms at the cafe around lunchtime. Her mother quickly left on foot to a medical clinic when she realised that her daughter was lifeless and unresponsive. The doctors and paramedics who attended to the child could not revive her.
Disturbingly, neither the applicant, nor the child’s mother had seen fit to have her assessed by a doctor prior to attending the café, despite the fact that the child was obviously very unwell.
The applicant and the mother of the deceased had been in a relationship for approximately two months prior to the death.
Statements of friends and family of the couple suggest that JL was struggling to cope with her three young children when their natural father separated from her after the birth of the youngest child, KH.
When JL met the applicant, she became infatuated with him and neglected her…
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- AGLC
- Re Application for Bail by Mussie Debresay [2015] VSC 756
- Case
- [2015] VSC 756
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the exceptional circumstances presented by Debresay justified the granting of bail. This involved an analysis of the evidence and arguments put forward by both parties, with a particular focus on the nature and gravity of the alleged offences, the risk of flight, the potential danger to the community, and the overall interests of justice. The court had to balance these factors carefully, ensuring that its decision was in line with the relevant statutory provisions and judicial precedents.
In evaluating the application, the court meticulously examined the evidence and arguments presented by both the applicant and the prosecution. It considered the exceptional circumstances put forward by Debresay, which were deemed significant enough to warrant a departure from the usual bail considerations. The court concluded that the exceptional circumstances provided a compelling reason to grant bail, taking into account the potential impact on Debresay’s personal circumstances and the broader interests of justice. Consequently, the court decided in favour of the applicant, granting the bail application.
The final orders of the court included the granting of bail to Mussie Debresay, subject to certain conditions that aimed to mitigate any potential risks associated with his release. These conditions were designed to ensure that Debresay would comply with the terms of his bail and appear for future court hearings, thereby upholding the integrity of the legal process.
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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