Re Dalton - [2013] VSC 690

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 197 of 2013

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by AARON DALTON

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JUDGE:	KAYE J
WHERE HELD:	Melbourne
DATE OF HEARING:	5 December 2013
DATE OF JUDGMENT:	6 December 2013
CASE MAY BE CITED AS:	Bail Application - Dalton
MEDIUM NEUTRAL CITATION:	[2013] VSC 690

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CRIMINAL LAW – Application for bail – Conspiracy to traffick large commercial quantity of methamphetamine and other charges – Whether exceptional circumstances – Alleged weakness of prosecution case – Accused unacceptable risk – Bail refused.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr M Duckett	Valos Black & Associates
For the Respondent	Mr M Perry	Solicitor for the Office of Public Prosecutions

HIS HONOUR:

On 14 September 2012, the applicant, Aaron Dalton, was arrested and charged by Detective Sergeant Bray, of the Wangaratta Crime Investigation Unit, with 41 charges and he was remanded into custody. He applies to this court for bail.

Because of the nature of some of the charges brought against the applicant, he is required under s 4(2) of the Bail Act 1977 to establish exceptional circumstances which justify the grant of bail to him.

The charges against the applicant include the following: two charges of conspiracy to traffic a large commercial quantity of methylamphetamine, each of which are alleged to have occurred between 18 September 2011 and 14 September 2012; eight charges of conspiracy to traffic a commercial quantity of methylamphetamine and eight charges of conspiracy to traffic a commercial quantity of ecstasy. Those conspiracies are alleged to have occurred on various dates between 18 September 2011 and 14 September 2012; two charges of intentionally causing serious injury; one charge of reckless conduct endangering life; one charge of affray and six charges of arson.

The charges have been filed in the committal stream of the Magistrates’ Court at Wangaratta and they are now listed for a five‑day committal hearing which is due to commence on 3 February 2014 at the Melbourne Magistrates’ Court. The committal hearing was originally listed for 14 October last but it was unable to proceed on that date.

A number of co‑accused have given undertakings to give evidence against the applicant and some of the other co‑accused have been sentenced in the County Court.

The applicant made an unsuccessful application for bail to the Magistrates’ Court at Wangaratta on 24 January 2013. Two further such applications made by him on 11 July and 28 October respectively also failed on the basis that the applicant had not demonstrated new facts and circumstances.

In her affidavit in support of the application, the applicant’s solicitor alleges that the case against the applicant is weak as it rests almost entirely on the unreliable evidence of the co‑accused. She points out that there are no telephone intercepts, fingerprint or DNA evidence supporting the testimony of the co‑accused and the applicant’s solicitor states that the 216 grams…

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 Dalton

Details

AGLC: Bail Application - Dalton [2013] VSC 690
Case: [2013] VSC 690
Decision Date: 6 December 2013

CaseChat Overview and Summary

The case of Re Dalton involved the respondent, Dalton, who was facing multiple charges, including conspiracy to traffick a large commercial quantity of methamphetamine and other related offences. The matter was heard in the relevant court, where the primary issue was whether bail should be granted to Dalton despite the serious nature of the charges.

The court had to determine whether there were exceptional circumstances warranting bail, considering the weight of the prosecution's case and the risk Dalton posed to the community. The respondent's legal team argued that there were alleged weaknesses in the prosecution's case, suggesting that bail should be granted. However, the prosecution countered that Dalton posed an unacceptable risk to the community and that exceptional circumstances did not exist to justify bail.

The court carefully weighed the arguments presented, ultimately finding that the prosecution's case was strong and that Dalton presented an unacceptable risk to the community. Consequently, the court decided that bail should be refused. The reasoning was based on the significant nature of the charges, the potential impact on the community if Dalton were to be released, and the absence of exceptional circumstances that would warrant bail.

The court's decision was final, and Dalton remained in custody pending further proceedings. The court made no orders for further submissions or additional evidence in relation to the bail application.

Orders