Re Cvetkovic - [2025] VSC 599

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2025 0195

IN THE MATTER of the Bail Act 1977 (Vic)

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IN THE MATTER of an Application by Michael Cvetkovic

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JUDGE:	Champion J
WHERE HELD:	Melbourne
DATE OF HEARING:	10 September 2025
DATE OF RULING:	12 September 2025
DATE OF REASONS:	19 September 2025
CASE MAY BE CITED AS:	Re Cvetkovic
MEDIUM NEUTRAL CITATION:	[2025] VSC 599

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CRIMINAL LAW — Application for Bail — Applicant seeking bail in relation to ten offences — Significant criminal history — Family violence — History of childhood trauma and ongoing substance abuse and mental health issues — Physical health issues — Delay — Compelling reason not established — Unacceptable risk established — Bail refused — Bail Act 1977 (Vic) ss 1(B), 3AAA, 4B-4E, 5AAAA.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	N Rudston	McFarlane Criminal Lawyers
For the Respondent	N Moran	Victoria Police

HIS HONOUR:

Introduction

By application dated 15 August 2025, Michael Cvetkovic (‘the applicant’) applies for a grant of bail from this court.

The applicant is a 31‑year‑old man who seeks bail on the following charges:

(a) two charges of making a threat to kill;

(b) contravening a family violence intervention order (‘FVIO’) by making a threat to kill;

(c) criminal damage;

(d) prohibited person possessing a firearm;

(e) shortening the barrel of the firearm;

(f) possession of a loaded firearm;

(g) possessing cartridge ammunition;

(h) dishonestly handling stolen goods;

(i) possession of methamphetamine; and

(j) trafficking a drug of dependence, namely methamphetamine.

The application

The application is supported by the following relevant materials:

(a) an affidavit affirmed by Tammy Wray, solicitor, dated 15 August 2025;

(b) a further affidavit affirmed by Tammy Wray, solicitor, dated 22 August 2025;

(c) a series of Court Integrated Services Program (‘CISP’) Reports dated 2 May 2025, 17 July 2025, and 2 September 2025, and

(d) a Psychological Assessment report of Sandra Cokorilo dated 17 February 2025.

In response, the respondent relies on the Affidavit of Jessica McCartney, solicitor, affirmed on 4 September 2025, with attachments, including an Informant’s report authored by Senior Constable Jack Greene.

Procedural history

On 24 January 2025, the applicant was arrested, charged, and remanded with respect to the alleged offending. The matter has been the subject of two bail applications, the first being on 24 January 2025, with a subsequent hearing on 24 July 2025. Both applications were refused by different Magistrates on the basis that the compelling reason test was not satisfied.

The matter is listed for a contested 2‑day hearing on 30 September 2025 at the Latrobe Valley Magistrates’ Court.

The alleged offending

As discussed below, the applicant suffers from a number of medical conditions. Between 17 January 2025 to his discharge on 22 January 2025, he was an inpatient at the Box Hill Hospital receiving medical treatment. On his discharge, the applicant’s mother, Ms Kirsty Verhoeven, collected him and drove him to his father’s home in Drouin. At the time of…

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 Cvetkovic

Details

AGLC: Re Cvetkovic [2025] VSC 599
Case: [2025] VSC 599
Decision Date: 12 September 2025

CaseChat Overview and Summary

The applicant, Cvetkovic, made an application for bail in relation to ten criminal offences. The matter was heard in the County Court of Victoria. The applicant's application was opposed by the prosecution. The court considered the applicant's significant criminal history, which included family violence, a history of childhood trauma, ongoing substance abuse and mental health issues, as well as physical health issues. The court also considered the length of the delay in the applicant's application for bail and the compelling reason, if any, for that delay.

The legal issues the court had to determine were whether the applicant had established a compelling reason for the delay in making the bail application and whether the applicant had established that it was in the interests of justice for the applicant to be released on bail. The court had to consider the factors set out in the Bail Act 1977 (Vic) ss 3AAA, 4B-4E, and 5AAAA, including the seriousness of the alleged offences, the risk of flight, the risk of reoffending, and the interests of the community.

The court found that the applicant had not established a compelling reason for the delay in making the bail application. The court also found that the applicant had established an unacceptable risk of reoffending and that it was not in the interests of justice for the applicant to be released on bail. The court noted that the applicant's significant criminal history, including family violence, and the seriousness of the alleged offences were significant factors in the court's decision. The court also noted that the applicant's ongoing substance abuse and mental health issues, as well as their physical health issues, did not establish a compelling reason for the applicant to be released on bail.

The court refused the applicant's application for bail.

Orders