Re Brown - [2022] VSC 578

IN THE SUPREME COURT OF VICTORIA Not Restricted
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0339

IN THE MATTER of an Application for Bail

and

IN THE MATTER of JAKE BROWN

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JUDGE:

Champion J

WHERE HELD:

Melbourne

DATE OF HEARING:

5 August 2022

DATE OF JUDGMENT:

16 August 2022

CASE MAY BE CITED AS:

Re Brown

MEDIUM NEUTRAL CITATION:

[2022] VSC 578

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CRIMINAL LAW — Application for bail — Charge of murder — Exceptional circumstances established — Delay — Strength of prosecution case — Parity with co-accused— Risk not unacceptable with conditions — Surety — Bail granted — Bail Act 1977 (Vic) ss 1B, 4A, 4AA, 4D, 4E, 4E.
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APPEARANCES:
Counsel Solicitors

For the Applicant Mr G Casement with
Ms L Andrews McFarlane Criminal Lawyers

For the Respondent Ms A Roodenburg Office of Public Prosecutions
HIS HONOUR:
Introduction

1 Jake Brown (‘the applicant’) applies for a grant of bail from this Court on one charge of murder.[1] The applicant was arrested and charged by the informant, Detective Acting Sergeant Bree Blair, on 21 October 2020. He has been remanded in custody since. This is his first application for bail.[2]
[1]Indictment C2013969.
[2]Section 13(2) of the Bail Act 1977 (Vic) provides that only the Supreme Court, or a court on committing the person for trial, may grant bail to a person accused of murder.

2 There are two co-accused, Samantha Guillerme (‘Guillerme’) and Andrew Price (‘Price’), who are both charged with murder and are currently on bail.[3]
[3]In addition to the murder charge, Price faces two additional charges for possessing firearms.

Procedural history

3 The applicant’s alleged offending occurred in April 2020. On 20 October 2020 the co-accused, Guillerme, was charged with murder and remanded in custody. On 21 October 2020, the applicant and Price were charged with murder and remanded in custody.

4 On 16 September 2021, Guillerme was granted bail in this Court by Coghlan J.

5 The applicant was committed for trial on 26 November 2021. A post committal directions hearing was held before Judicial Registrar Tueno on 8 December 2021. An indictment and summary of prosecution opening were filed on 8 March 2022, then a hearsay notice, incriminating conduct notice and notice to admit were filed on 8 April 2022. The defence response was filed on 9 May 2022.

6 Between 23-26 May 2022, s 198B hearings for the cross-examination of a number of witnesses were held in this Court.

7 On 14 July 2022, Price was granted bail in this Court by Lasry J. Subsequently, the applicant filed an application for bail on 19 July 2022.

8 Procedurally, the next relevant listing dates in this Court are:

(a)19 August 2022 for a further directions hearing; and
(b)20 March 2023 for a final directions hearing.

9 The trial is currently listed for hearing at the sittings of this Court to be held in the LaTrobe Valley on 1 May 2023.

Evidence on the application

10 This application is supported by the affidavit of Michelle…

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 Brown

Details

AGLC: Re Brown [2022] VSC 578
Case: [2022] VSC 578
Decision Date: 16 August 2022

CaseChat Overview and Summary

The applicant, Brown, applied for bail in the County Court of Victoria, charged with murder. The application was brought under the Bail Act 1977 (Vic). The prosecution opposed the bail application on the basis of the gravity of the charge and the potential risk to the community if Brown were released. The key legal issues before the court were whether Brown had established exceptional circumstances warranting bail, whether the delay in the application had prejudiced the case, the strength of the prosecution's evidence, and whether bail conditions could sufficiently mitigate any risk to the community.

The court found that Brown had established exceptional circumstances due to the significant delay in the investigation and prosecution process. The court determined that the delay did not prejudice the prosecution's case, as the core evidence remained robust and the co-accused had also applied for and been granted bail. The court concluded that the risk to the community was not unacceptable if appropriate bail conditions were imposed, including electronic monitoring and strict residence requirements. The court also accepted the surety provided by Brown's family. Ultimately, the court granted bail, emphasising the need for parity with the co-accused and the potential for an unfair pre-trial detention given the circumstances.

The final orders of the court were that Brown be released on bail, subject to strict conditions, pending the determination of the murder charge. The conditions included electronic monitoring, a curfew, and strict residence requirements. The court also set a date for the next court appearance to ensure compliance with the bail conditions and the progress of the case.

Orders