Re Chafer-Smith - [2014] VSC 51

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 0016 of 2014

THE QUEEN

v
IN THE MATTER of an application for Bail by FELICITY CHAFER-SMITH	Accused

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JUDGE:	T FORREST J
WHERE HELD:	Melbourne
DATE OF HEARING:	21 February 2014
DATE OF RULING:	21 February 2014
CASE MAY BE CITED AS:	Re Chafer-Smith; An application for Bail
MEDIUM NEUTRAL CITATION:	[2014] VSC 51

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CRIMINAL LAW – Application for Bail – Reckless conduct placing persons at risk of death, alternatively reckless conduct placing persons at risk of serious injury, alternatively driving in a manner dangerous to the public and other offences – Applicant a young, aboriginal woman who committed the alleged offences one day after her eighteenth birthday - Show cause – Applicant an unacceptable risk of committing further offences while on bail – Section 3(a) of the Bail Act 1977 – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Inspector R Koo	Simon Shearer, Acting Sergeant
For the Accused	Ms K Churchill	Victorian Aboriginal Legal Service

HIS HONOUR:

The applicant is an 18 year old Aboriginal woman. On 21 January 2014 she was arrested and charged with reckless conduct placing persons at risk of death, alternatively reckless conduct placing persons at risk of serious injury, alternatively driving in a manner dangerous to the public, possession of a prohibited weapon, possession of a drug of dependence, driving an unregistered vehicle, handling stolen goods, failing to appear on bail and associated more minor offences.

The informant for those matters is Detective Senior Constable Ryan Collins. I understand that an agreement has been made for the applicant to plead guilty to a number of offences arising from the Collins charges, the most serious being reckless conduct placing persons at risk of serious injury.

At the time of her arrest, the applicant had five outstanding warrants for failing to appear on bail or failing to appear on summons. All of these warrants were in respect of Children's Court matters (informants Coller, Frankish, Davis, Timms, Tyler). These matters were before the court with the Collins charges when the applicant was remanded in custody at the Frankston Magistrates' Court on 22 January 2014.

I regard the objective gravity of the Collins charges as significant. Shortly after midnight on 21 January 2014, the applicant was observed by police driving a black Holden Barina with no registration plates east along Cranbourne Road, Frankston. The police activated their lights and sirens but the applicant failed to stop. The applicant drove along Cranbourne Road at about 100 km/h, swerving between lanes and on the wrong side of the two way carriage way. She swerved her vehicle at the police vehicle on a number of occasions. She turned her vehicle's lights off.

At the Peninsula Link entrance, the applicant entered the northbound lanes whilst, in fact, she was travelling south. The police pursuit, unsurprisingly, was abandoned at this stage.

Another police officer stationed on Peninsula Link observed the applicant's vehicle travelling south on that…

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 Chafer-Smith

Details

AGLC: Re Chafer-Smith [2014] VSC 51
Case: [2014] VSC 51
Decision Date: 21 February 2014

CaseChat Overview and Summary

The case of Re Chafer-Smith involved the applicant, a young Aboriginal woman, who faced charges relating to reckless conduct placing persons at risk of death, serious injury, and other related offences. The dispute was about the applicant's eligibility for bail, given the severity of the alleged offences. The court in this matter was the relevant Australian court, which heard the bail application under the Bail Act 1977. The applicant argued for bail, while the prosecution opposed it on the grounds that she posed an unacceptable risk of reoffending.

The primary legal issue before the court was whether the applicant should be granted bail, considering the nature and circumstances of the alleged offences and her potential risk to the community. The court was tasked with weighing the seriousness of the charges against the applicant's arguments for bail, including her background, personal circumstances, and prospects for rehabilitation. Section 3(a) of the Bail Act 1977 was particularly pertinent, as it required the court to consider whether the applicant was an unacceptable risk to the community if released on bail.

In determining the matter, the court considered the applicant's age, her history of offending, and the potential consequences of her release. The court found that the alleged offences were of a serious nature and that the applicant posed a significant risk of reoffending if granted bail. The court concluded that the applicant's release would not be in the interests of justice or the safety of the community. Consequently, the court refused the applicant's bail application under Section 3(a) of the Bail Act 1977.

Orders