Re application for bail by Price - [2021] VSC 31

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2020 0380

IN THE MATTER OF the Bail Act 1977

IN THE MATTER OF an application for bail by Andrew James PRICE

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JUDGE:	COGHLAN JA
WHERE HELD:	Melbourne
DATE OF HEARING:	19 January 2021 and 27 January 2021
DATE OF ORDER:	27 January 2021
DATE OF REASONS:	3 February 2021
CASE MAY BE CITED AS:	Re application for bail by Price
MEDIUM NEUTRAL CITATION:	[2021] VSC 31

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CRIMINAL LAW – Application for bail – Murder – Exception circumstances established – Unacceptable risk – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr J McMahon SC with Ms F Fox	C Marshall & Associates
For the Respondent	Mr M Gibson QC	Ms A Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

On 19 January 2021, and again on 27 January 2021, the matter came before me as an application for bail.[1] I refused the application and indicated that I would provide my reasons. These are those reasons.
[1]Only this Court, or a court committing a person for trial, can grant bail to a person accused of murder. See the Bail Act 1977, s 13(2) (‘the Act’).

Introduction

On 21 October 2020, Andrew Price (‘the applicant’) was arrested and charged with murder and two counts of possessing an unregistered category A or B longarm. It is the prosecution case that the applicant conspired with co-accused Jake Brown and Samantha Guillerme to lure Jarrad Lovison (‘the deceased’) to an isolated location on 16 April 2020 where he was forced, threatened or tricked into ingesting a large quantity of gamma-hydroxybutyrate (‘GHB’), causing his death.

The applicant has been remanded in custody since his arrest and has not previously applied for bail. The matter is next listed for mention in the Latrobe Valley Magistrates’ Court on 3 February 2021. A committal mention is listed for hearing in that Court on 4 March 2021.

The applicant is currently subject to undertakings of bail in two separate matters. On 12 November 2019, he was charged with drug possession and driving offences and released on bail (‘the Informant Schefman matter’).[2] On 22 April 2020, the applicant was charged with a number of offences including reckless conduct endangering serious injury, trafficking in a drug of dependence and bail offences (‘the Informant Wursthorn matter’).[3] He was released on police bail the same day. Both outstanding matters return to the Latrobe Valley Magistrates’ Court for plea on 5 February 2021.[4]
[2]The applicant was charged with two counts of possessing a drug of dependence (methylamphetamine and 1,4-butanediol), driving at a dangerous speed, driving whilst authorisation suspended and using an unregistered motor vehicle on 12 November 2019. He made full admissions to the offending in his record of interview.
[3]In total, 16 charges were laid against the applicant on that date for offences alleged to have been committed on 14 and 22 April 2020, namely, reckless conduct endangering serious injury, exceeding the speed limit by…

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 Price

Details

AGLC: Re application for bail by Price [2021] VSC 31
Case: [2021] VSC 31
Decision Date: 3 February 2021

CaseChat Overview and Summary

In the matter of Re application for bail by Price, the applicant, charged with the murder of an individual, sought bail from the Supreme Court of Victoria. The applicant, represented by counsel, contended that he should be granted bail due to exceptional circumstances. The prosecution opposed the application, arguing that the applicant posed an unacceptable risk to the community if released.

The court was required to determine whether the exceptional circumstances exception to the general rule against bail for serious indictable offences applied. This involved assessing the strength of the prosecution's case, the applicant's ties to the community, and the risk of reoffending or interfering with witnesses. The court considered the evidence presented, including witness statements, forensic evidence, and the applicant's criminal history.

After careful consideration, the court found that while the exceptional circumstances exception was applicable, the risk of reoffending and interference with witnesses outweighed the benefits of bail. The court was particularly concerned about the potential for the applicant to intimidate witnesses and the gravity of the alleged offence. Consequently, the court refused the bail application. The court emphasised that the decision was based on the specific circumstances of the case and did not set a precedent for future applications.

Orders