Re Application for Bail by Wilson - [2021] VSC 22

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2020 0168

IN THE MATTER OF the Bail Act 1977

and

IN THE MATTER OF an Application for Bail by Jessica WILSON

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JUDGE:	COGHLAN JA
WHERE HELD:	Melbourne
DATE OF HEARING:	22 December 2020 and 13 January 2021
DATE OF ORDER:	13 January 2021
DATE OF REASONS:	29 January 2021
CASE MAY BE CITED AS:	Re Application for Bail by Wilson
MEDIUM NEUTRAL CITATION:	[2021] VSC 22

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CRIMINAL LAW – Application for bail – Murder – Exceptional circumstances established – No unacceptable risk – Bail granted.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr A Waters	Martin Middleton Oates Lawyers
For the Respondent	Mr M Gibson QC	Ms A Hogan, Solicitor for Public Prosecutions

HIS HONOUR:

On 20 September 2019, Jessica Wilson (‘the applicant’) killed her domestic partner, Marcus Adams (‘the deceased’), by stabbing him in the back during the course of a domestic dispute. That same day, she was charged with his murder and remanded in custody, where she remained for almost 16 months.

On 22 December 2020, and again on 13 January 2021, the matter came before me as an application for bail.[1] I granted 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’).

The alleged offending

The applicant and the deceased commenced a relationship in late 2018 or early 2019. Soon after, they began living with the deceased’s parents and remained there for nine months before moving out to a caravan park in Port Fairy in mid-August 2019. No signs of aggression were observed between the applicant and the deceased during the period that they were living with the deceased’s parents. They were, by all appearances, a happy couple.

On 24 August 2019, the applicant was involved in a serious car accident. She was airlifted to Melbourne for emergency treatment and later transferred to Geelong Hospital for residual treatment and care. The deceased visited the applicant regularly whilst she was in hospital, often staying in Melbourne days on end to tend to her.

The applicant was discharged from hospital on 19 September 2019 and returned to Port Fairy. That afternoon, she and the deceased attended the canteen at their caravan park and were observed to be happy, although ‘affected by something’, in that they had slurred speech, were moving slowly and did not appear to be fully cognisant of their surroundings.

That evening, and into the early hours of the following morning, neighbours heard intermittent arguing and banging coming from the couple’s caravan. A number of witnesses provided accounts of what they heard, including a female voice yelling ‘you drug-fucked dog’ followed by a male or female voice (depending on the particular witness) saying ‘leave me alone’; the sounds of a male and female arguing, with…

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 Wilson

Details

AGLC: Re Application for Bail by Wilson [2021] VSC 22
Case: [2021] VSC 22
Decision Date: 29 January 2021

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Re Application for Bail by Wilson involved the accused, Wilson, who was facing a charge of murder. Wilson applied for bail under the Bail Act, and the prosecution objected on the grounds that the gravity of the offence posed an unacceptable risk to the community. The court was tasked with determining whether exceptional circumstances existed that warranted granting bail despite the severity of the charge.

The central legal issue was whether Wilson had demonstrated exceptional circumstances that justified bail, and whether granting bail would result in an unacceptable risk to the community. The court examined the nature of the offence, the likelihood of Wilson appearing in court if released on bail, and any other relevant factors. The evidence presented included Wilson’s personal circumstances, the strength of the prosecution’s case, and any potential impact of bail on the community.

After carefully weighing the evidence, the court found that Wilson had established exceptional circumstances that warranted bail. The court concluded that the risk to the community was not unacceptable, as there was sufficient evidence to ensure Wilson’s attendance in court. The judge noted the strength of the prosecution's case and Wilson's personal ties to the community, which mitigated the risk of flight and reoffending. Consequently, the court granted Wilson bail under the Bail Act.

The final orders included specific conditions for Wilson's release, such as regular check-ins with a bail supervisor, a curfew, and restrictions on contact with certain individuals. The court emphasised that these conditions were necessary to ensure Wilson’s compliance and to maintain public safety.

Orders