| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
PRACTICE COURT
S CR 0120 of 2013
| IN THE MATTER of the Bail Act1977 (Vic) |
| and |
| IN THE MATTER of an Application for Bail by RS |
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JUDGE: | ELLIOTT J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10 July 2013 | |
DATE OF JUDGMENT: | 10 July 2013 | |
CASE MAY BE CITED AS: | Re Application for Bail by RS | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 350 | |
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CRIMINAL LAW — Bail applicant at risk of reoffending — Nature of offending not grave — Applicant a juvenile — Possibility sentence if convicted would be significantly shorter than period on remand — Bail granted.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T M Marsh | Legal Aid |
| For the Respondent | Mr M I Grant | The Office of Public Prosecutions |
HIS HONOUR:
The applicant is 16 years and 2½ months old. Until very recently, he had no criminal record. However, he now finds himself charged with a number of offences:
(1)4 counts of obtaining financial advantage by deception.
(2)3 counts of obtaining property by deception.
(3)1 count of handling stolen goods.
(4)1 count of dealing with property suspected of being the proceeds of crime.
(5)5 counts of theft from a motor vehicle.
(6)2 counts of attempted theft from a motor vehicle.
(7)1 count of theft.
(8)1 count of possessing a prohibited weapon.
(9)3 counts of attempt to obtain property by deception.
It is alleged the first of these offences was committed on 14 April 2013. Many of these offences relate to the same incidents. As is set out in more detail below, there have been 3 occasions where the applicant has been arrested for committing various of the offences listed above.
A brief chronology of the applicant’s detention and previous bail history is as follows:
(1)On 7 May 2013, the applicant was arrested and charged for events between 17 April 2013 and 6 May 2013. Bail was granted by police subject to certain conditions.
(2)On 9 May 2013, the applicant was arrested and charged for offences alleged to have occurred between 14 April 2013 and 2 May 2013. He was again granted bail by police on the same conditions.
(3)On 14 May 2013, it is alleged the applicant breached his curfew (being one of the conditions previously imposed). He was re‑bailed at the Children’s Court.
(4)On 3 June 2013, the applicant was arrested and charged in relation to an offence alleged to have occurred on that day. He was remanded in custody until 4 June 2013.
(5)On 4 June 2013, the applicant was granted bail by the Children’s Court. Again, conditions were imposed.
(6)On 5 June 2013, the applicant was arrested for breaching conditions of bail (again concerning the curfew imposed). He was remanded in custody until 12 June 2013.
(7)On 12 June 2013, the applicant was granted bail by the Children’s Court.
(8)On 26 June 2013, the applicant was arrested and charged with further offences. On that day he was remanded in custody…
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- AGLC
- Re Application for Bail by RS [2013] VSC 350
- Case
- [2013] VSC 350
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether the applicant was likely to reoffend if released on bail. The court considered the nature of the offences, the age of the applicant, and the potential sentence if convicted. The court also took into account the fact that the period the applicant had spent on remand was significantly longer than the potential sentence if convicted. The court noted that the applicant had a clean criminal record prior to these offences and had expressed remorse for their actions.
The court found that the applicant was not at significant risk of reoffending, given the nature of the offences and the potential sentence if convicted. The court also found that the applicant was not a flight risk, as they had strong ties to the community and had expressed a desire to attend school and engage in positive activities if released on bail. The court granted bail, subject to a number of conditions, including that the applicant reside at a specified address and report to a bail supervisor on a regular basis.
The court's decision highlights the importance of considering the individual circumstances of each bail applicant, including their age, criminal history, and potential sentence if convicted. The court also emphasised the importance of balancing the rights of the applicant with the need to protect the community and ensure that justice is served. The final orders of the court included the release of the applicant on bail, subject to the conditions outlined above.
Orders
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Background to the litigation
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