| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2024 0292
| IN THE MATTER of the Bail Act 1977 |
| and |
| IN THE MATTER of an application for bail by DS (a pseudonym)[1] |
[1]As the applicant is under 18 years of age, a pseudonym has been adopted pursuant to s 534 of the Children, Youth and Families Act 2005 (Vic).
---
JUDGE: | Kaye JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 20 December 2024 |
DATE OF JUDGMENT: | 23 December 2024 |
CASE MAY BE CITED AS: | Re DS (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2024] VSC 823 |
---
CRIMINAL LAW — Bail application — Applicant charged with home invasion, aggravated burglary person present, burglary, theft of motor vehicle, obtaining property by deception, theft, retaining stolen goods — Whether exceptional circumstances established — Whether unacceptable risk of endangering the safety and welfare of others —Applicant 14 years of age — Applicant diagnosed with Attention Deficit Hyperactivity Disorder and Generalised Anxiety Disorder—Difficult circumstances in custody — Bail Act 1977 (Vic) ss 1B, 3AAA, 3B, 4A, 4AA, 4D, 4E.
---
APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P. Kounnas | McFarlane Criminal Lawyers |
| For the Respondent | Ms J Hotchkin | Victoria Police |
HIS HONOUR:
The applicant, who is 14 years of age, is subject to three sets of charges for indictable offences, alleged to have been committed between 6 July 2024 and 12 November 2024. Following his arrest on 13 November, he was remanded in custody. On 10 December 2024, his most recent application for bail to the Wonthaggi Children’s Court was refused. He now applies to this Court for bail.
The alleged offending
For the purposes of the application, it is necessary to set out the circumstances of the alleged offending in brief detail.
(1) The Cole charges
The first set of charges, laid by Detective Sergeant Leigh Cole, comprises one charge of home invasion (charge 1), four charges of theft of a motor vehicle (charges 2, 3, 4 and 8), one charge of obtaining property by deception (charge 5), one charge of burglary (charge 6), and three charges of theft (charges 7, 10 and 11).
It is alleged that, at some time between 9:30 pm on 16 September 2024 and 4:15 am on 17 September 2024, offenders entered a home through an unlocked laundry door. The owner of the house was asleep in his bedroom. The offenders stole keys for two motor vehicles and a bankcard belonging to the victim. They then stole both vehicles, namely, an Alfa Romeo sedan and a Holden Commodore. On 17 September 2024 at 5:18 am, the Alfa Romeo sedan attended at a service station in Braeside. It is alleged that CCTV footage depicts that the applicant exited the passenger seat, entered the store, and, using the victim’s stolen bankcard, purchased a beverage for $4.20. He then left the store in the stolen vehicle. Subsequently, the stolen Holden Commodore vehicle was recovered in Lyndhurst. On examination, a fingerprint belonging to the applicant was lifted from the internal…
Continue reading Re DS (a pseudonym)
Sign in free to access the full text
- AGLC
- Re DS (a pseudonym) [2024] VSC 823
- Case
- [2024] VSC 823
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the exceptional circumstances, as defined by the Bail Act 1977 (Vic), were present in this case. The applicant, who was 14 years old at the time of the hearing, had been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Generalised Anxiety Disorder (GAD). The court considered the impact of these conditions on the applicant's behaviour and the difficulties he faced in custody. The court also examined the nature and seriousness of the offences with which the applicant had been charged, and the potential risk to the community if bail were granted.
In its decision, the court found that while the applicant's mental health conditions and difficult circumstances in custody were indeed exceptional, they did not outweigh the seriousness of the charges against him. The court concluded that there was an unacceptable risk of endangering the safety and welfare of others if bail were granted. The court considered the need to protect the community and the potential for the applicant to reoffend if released on bail. The court ultimately denied the applicant's application for bail.
The court ordered that the applicant remain in custody until the matter was further heard. The court acknowledged the difficult circumstances faced by the applicant but emphasised the need to balance these with the need to protect the community and uphold the rule of law. The decision highlights the complex considerations that arise in bail applications involving young people with mental health issues, and the importance of carefully weighing the competing interests involved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.