| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2024 0024
| IN THE MATTER of the Bail Act 1977 | |
| and | |
| IN THE MATTER of an application for bail by VICKY MCKAY | Applicant |
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JUDGE: | NIALL JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 22 February 2024 |
DATE OF JUDGMENT: | 22 February 2024 |
CASE MAY BE CITED AS: | Re application for bail by Vicky McKay |
MEDIUM NEUTRAL CITATION: | [2024] VSC 59 |
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CRIMINAL LAW – Application for bail – Bail for indigenous woman – Bail Act 1977, s 3A – Whether exceptional circumstances exist justifying the grant of bail – No exceptional circumstances shown – Whether unacceptable risk if applicant released on bail – Finding that risk unacceptable – Bail refused.
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APPEARANCES: | Counsel | Solicitors |
| For the applicant | Ms SG Wallace | Law & Advocacy Centre for Women |
| For the respondent | Ms E Dane | Office of Public Prosecutions |
HIS HONOUR:
Vicky McKay (‘the applicant’) seeks bail on the following charges, alleged to have occurred on 21 August 2022 (‘the remand matter’):
(a) intentionally cause serious injury;
(b) recklessly cause serious injury;
(c) intentionally cause injury;
(d) recklessly cause injury; and
(e) state false name.
The charges relate to an incident at the applicant’s unit in Kingsbury. The prosecution alleges that, earlier on that day, she met the complainant in the context of purchasing drugs. The two of them returned to her unit. When in the unit, the complainant went into a bedroom. The applicant became very agitated saying that it was the room of her late son. She became increasingly agitated and took up two kitchen knives and stabbed the complainant multiple times, causing serious injury to his abdomen and limbs requiring hospitalisation including a period in ICU. Emergency services arrived. The applicant and complainant were the only people present in the unit.
I am told that self-defence will be the critical issue at trial and that the applicant does not dispute stabbing the complainant.
At the time of the alleged offending, the applicant was serving an 18-month community correction order (‘CCO’) imposed on 14 December 2021 in the County Court. That CCO was part of a combined sentence that was imposed for intentionally causing injury and contravening a family violence intervention order (‘FVIO’) by stabbing her then-partner multiple times with a knife.
On 21 October 2022, that is, after the applicant was remanded on the present charges, the applicant was resentenced in the CCO matter to 22 months’ imprisonment, with 258 days already served. The resentencing arose as a result of contraventions of the CCO.
On 24 January 2024, the applicant was sentenced to 69 days’ imprisonment (declared already served by way of pre-sentence detention) in relation to a further matter which involved contravening a final personal safety intervention order (‘PSIO’) and interim FVIO, committing an indictable offence whilst on bail, failing to answer bail, contravening a conduct condition of bail, and theft.
It follows from that brief chronology that, although the applicant was remanded in…
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- AGLC
- Re application for bail by Vicky McKay [2024] VSC 59
- Case
- [2024] VSC 59
- Decision Date
CaseChat Overview and Summary
The court considered the nature and seriousness of the charges, as well as the applicant's background, including her indigenous status, prior criminal history, and compliance with bail conditions in previous matters. Justice Gotterson evaluated the evidence presented regarding the alleged offences, including witness statements and character references. The court assessed whether the evidence demonstrated exceptional circumstances that would justify granting bail and whether the risk to the community, including the potential for reoffending and undermining the administration of justice, was unacceptable.
Justice Gotterson found that the evidence did not demonstrate exceptional circumstances warranting bail. Furthermore, the court concluded that the risk to the community was unacceptable, taking into account the seriousness of the charges and the applicant's history of failing to comply with bail conditions. Consequently, the court refused the application for bail, upholding the decision of the lower court.
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