Re application for bail by Rocco Natale - [2016] VSC 83

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2015 0170

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an Application for bail by Rocco NATALE

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JUDGE:	JANE DIXON J
WHERE HELD:	Melbourne
DATE OF HEARING:	11 February 2016
DATE OF JUDGMENT:	11 February 2016
CASE MAY BE CITED AS:	Re application for bail by Rocco Natale
MEDIUM NEUTRAL CITATION:	[2016] VSC 83

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CRIMINAL LAW – Application for bail – Incite to murder – Threat to kill – Stalking – Show cause situation – Unacceptable risk – Application refused – No point of principle

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr D Cronin	Emma Turnbull Lawyers
For the Respondent	Mr S Ginsbourg	Office of Public Prosecutions

HER HONOUR:

Rocco Natale is in custody awaiting trial on 18 April 2016 before this Court.

He makes application for bail. Affidavits were filed by the applicant in support of bail and the respondent in opposition. I accepted the tender of those affidavits as well as the tender of depositions which relate to the applicant’s upcoming trial.

He is a 75 -year-old retired orchardist of Italian background who ordinarily resides in the town of Shepparton.

On 31 July 2014, the applicant was arrested and charged by Detective Senior Constable Michael Guppy with the following offences:

(a) Charge 1: Between 24 and 27 July 2014 at Shepparton, incitement to SD to murder family members of VN[1] (Crimes Act 1958 s 321G).
[1]The names of the alleged victims have been anonymised in this ruling.

(b) Charge 2: On 24 July 2014 at Shepparton, making a demand with menaces of SD, being a threat to kill SD and his children if SD failed to comply with the demand (Crimes Act 1958 s 27).

(c) Charged 3: On 24 July 2014 at Shepparton, threat to kill SD and his children, intending that SD would fear such threats would be carried out or being reckless as to whether he would fear that the threats would be carried out (Crimes Act 1958 s 20).

(d) Charge 4: On 26 July 2014 at Shepparton, stalking VN by following her (Crimes Act 1958 s 21A(1)).

(e) Charge 5: On 26 July 2014 at Shepparton, contravene family violence final intervention order (‘FVIO’) by arranging for another person to approach the protected person on his behalf (Family Violence Protection Act 2008 s 123(2)).

On 26 November 2015, the applicant was committed for trial on the above-mentioned charges by the Magistrates’ Court sitting at Shepparton.

At the time of the events upon which the above-mentioned charges are based, the applicant was already on bail for offences arising after the breakdown of his marriage to VN.

Those charges were laid by Constable Monaghan and were as follows:

(a) Charge 1: At Shepparton between 30 and 31 May 2014, stalking VN (Crimes Act 1958 s 21A(1)).

(b) Charge 2: At Shepparton between the 30 and 31 May, contravene…

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 Rocco Natale

Details

AGLC: Re application for bail by Rocco Natale [2016] VSC 83
Case: [2016] VSC 83
Decision Date: 11 February 2016

CaseChat Overview and Summary

The case of Rocco Natale involved an application for bail in the Supreme Court of New South Wales. The applicant, Rocco Natale, was facing charges related to incitement to murder, threats to kill, and stalking. The application was brought before the court due to the severity of the charges and the nature of the alleged crimes, which raised concerns about the safety of the alleged victim and the community. The court had to consider whether the risk posed by the applicant was such that it would be unacceptable to grant bail, and whether there were any points of principle that warranted further consideration.

The primary legal issues before the court were whether the risk posed by the applicant to the alleged victim and the community was unacceptable and if there was any point of principle that would warrant the granting of bail. The court had to weigh the seriousness of the charges against the presumption of innocence and the right to liberty. The court also considered the evidence presented regarding the alleged victim's fear and the potential for the applicant to reoffend if released on bail.

The court found that the risk posed by the applicant was indeed unacceptable, given the seriousness of the charges and the potential for harm to the alleged victim and the community. The court held that there was no point of principle that would warrant the granting of bail. The court was particularly concerned about the applicant's history of violence and the alleged victim's fear of the applicant. The court concluded that the applicant's release on bail would undermine the administration of justice and the protection of the community. As a result, the application for bail was refused.

The final orders of the court were that the application for bail was dismissed, and Rocco Natale was to remain in custody pending the outcome of his criminal proceedings. The court's decision highlighted the importance of balancing the rights of the accused with the need to protect the community and ensure the proper administration of justice.

Orders