Re Brett

[2021] VSC 10

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0005

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by DANIEL BRETT

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JUDGE:	INCERTI J
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers
DATE OF ORDERS:	21 January 2021
DATE OF REASONS	21 January 2021
CASE MAY BE CITED AS:	Re Brett
MEDIUM NEUTRAL CITATION:	[2021] VSC 10

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CRIMINAL LAW – Application for Bail – Unopposed application – Parties consented to the application being determined on the papers – Exceptional circumstances that justify the grant of bail made out – No unacceptable risk – Bail granted with conditions – Bail Act 1977, ss 1B, 3AAA, 4AA, 4A, 4C, 4D and 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	No appearances	Gallant Law
For the Respondent	No appearances	Victoria Police

HER HONOUR:

1. This is an application for bail by Daniel Brett (‘the applicant’). 

1. On 21 November 2020, the applicant was arrested by Leading Senior Constable Shane Bourke in relation to, amongst other things, a string of burglaries in regional Victorian towns between 5 and 14 November 2020. He was charged with the following offences:

·burglary (four charges);

·theft (four charges);

·committing an indictable offence whilst on bail (two charges);

·dealing with property suspected of being proceeds of crime (two charges);

·possessing a drug of dependence (cocaine);

·possessing a drug of dependence (methylamphetamine);

·possessing a drug of dependence (ecstasy);

·possessing a drug of dependence (cannabis);

·possessing house-breaking implements;

·possessing a prohibited weapon without exemption or approval;

·possessing a controlled weapon without exemption or approval;

·driving whilst disqualified;

·failing to stop vehicle on police request;

·speeding;

·attempted burglary; and

·possessing a drug of dependence (Viagra and Quetiapine);

·handling stolen goods (two charges).

1. At the time of the alleged offending, the applicant was serving a community correction order (‘CCO’), imposed in the Melbourne County Court on 16 October 2020, for offences of committing an indictable offence whilst on bail; dealing with property suspected of being proceeds of crime; driving whilst authorisation suspended (two charges); knowingly deal with proceeds of crime; possessing a prohibited weapon without exemption or approval; possessing a drug of dependence (two charges); possessing a controlled weapon without excuse; and trafficking a drug of dependence.

1. In addition, the applicant was on summons in two separate matters.  First, in relation to an incident on 29 July 2020, involving charges of using a vehicle without number plates; failing to keep a safe distance behind another vehicle; careless driving; driving whilst disqualified and using an unregistered vehicle (‘the Informant Williams matter’).  Second, in relation to an incident on 9 September 2020, involving charges of driving whilst suspended and using an unregistered vehicle (‘the Informant Garbutt matter’).

1. The applicant has been in custody since the date of his arrest on 21 November 2020.  He has previously been refused bail, in the Shepparton Magistrates’ Court, on 8 January 2021.  The Magistrate on that occasion was not satisfied of the…