IN THE MATTER of an application for bail by ROHAN MICHAEL BROWN
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JUDGE:
LASRY J
WHERE HELD:
Melbourne
DATE OF HEARING:
15 November 2019
DATE OF JUDGMENT:
15 November 2019
CASE MAY BE CITED AS:
Re Brown
MEDIUM NEUTRAL CITATION:
[2019] VSC 751
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CRIMINAL LAW — Bail — Charges of using a carriage service to menace, harass or cause offence — Committing indictable offence whilst on bail — Contravening conduct condition of bail — Targeting police and other public servants — Community correction orders in effect — Whether exceptional circumstances established — Whether risk reduced by bail conditions — Meaning of exceptional circumstances considered — Significant delay — Risk not unacceptable with conditions — Bail granted — Bail Act 1977 (Vic) ss 1B, 3AAA, 3B, 4AA, 4A, 4D, 4E, 5AAAA — Crimes Act 1914 (Cth) 15AB.
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APPEARANCES:
Counsel
Solicitors
For the Applicant
In Person
For the Respondent
Mr M Aitken
Victoria Police
HIS HONOUR:
This is an application for bail filed on 15 October 2019 by Rohan Michael Brown (the ‘applicant’), who is self-represented in this matter.
On 9 September 2019, he was arrested and charged by Detective Senior Constable Andrew Russell with using a carriage service to menace, harass or cause offence; committing an indictable offence whilst on bail; and contravening a conduct condition of bail (the ‘Russell matter’). The offences are alleged to have been committed between 29 July 2019 and 6 September 2019.
Relevantly, at the time of the alleged offending, the applicant was on bail in respect of seven charges brought by Detective Senior Constable Iain Samson (the ‘Samson matter’). In that matter, the applicant is charged with stalking (four counts) and using a carriage service to menace, harass or cause offence (three counts). He was granted bail on 3 August 2018 in the Melbourne Magistrates' Court, and a trial was listed on 11 November 2019 in the Melbourne County Court.
That trial has been adjourned until 18 November 2019, primarily because that Court wished to await the resolution of this application for bail before this Court. The applicant remains on bail in relation to the Samson matter.
Committing an indictable offence whilst on bail is a Schedule 2 offence within the meaning of s 3 of the Bail Act 1977 (Vic) (the ‘Act’). [1] The applicant is alleged to have committed this offence whilst on bail for another Schedule 2 offence, namely, stalking in circumstances where he has previously been convicted of the same offence within the preceding 10 years.[2] Accordingly, the Court must refuse bail unless satisfied by the applicant that exceptional circumstances exist which justify the grant of bail.
[1]Using a carriage service to menace, harass or cause offence, contrary to Criminal Code 1995 (Cth) s 474.14, is an indictable offence pursuant to Crimes Act 1914 (Cth) s 4G.
[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.
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AGLC
Re Brown [2019] VSC 751
Case
[2019] VSC 751
Decision Date
CaseChat Overview and Summary
In the matter of Re Brown, the defendant was facing charges under the Commonwealth Crimes Act 1914, which included using a carriage service to menace, harass, or cause offence, and committing an indictable offence while on bail. The defendant was also subject to community correction orders and was alleged to have contravened the conduct condition of his bail by targeting police and other public servants. The matter was heard in the County Court of Victoria. The central legal issues before the court were whether exceptional circumstances had been established to justify bail and whether the risk of the defendant contravening his bail conditions could be mitigated through the imposition of appropriate bail conditions.
The court examined the meaning of "exceptional circumstances" and noted that the delay in the trial proceedings constituted a significant factor. The defendant had been in custody for an extended period, and the court considered this delay in determining whether exceptional circumstances existed. The court also evaluated whether the risk of the defendant contravening his bail conditions could be sufficiently reduced by imposing specific bail conditions. In reaching its decision, the court applied relevant provisions of the Bail Act 1977 (Vic) and the Commonwealth Crimes Act 1914, including sections 1B, 3AAA, 3B, 4AA, 4A, 4D, 4E, 5AAAA, and 15AB.
After considering the arguments and evidence presented, the court found that exceptional circumstances did exist due to the significant delay in the proceedings. The court concluded that the risk of the defendant contravening his bail conditions could be adequately managed through the imposition of stringent bail conditions. Consequently, the court granted the defendant bail. The court ordered that the defendant abide by strict conditions to ensure compliance with the bail terms and to mitigate any risk to the community.