| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2024 0235
IN THE MATTER of the Bail Act 1977
and
IN THE MATTER of an application for bail by DZ (a pseudonym)[1]
[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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JUDGE: | T Forrest JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 17–18 October 2024 |
DATE OF JUDGMENT: | 18 October 2024 |
CASE MAY BE CITED AS: | Re DZ (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2024] VSC 687 |
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CRIMINAL LAW — Bail application — Applicant facing multiple charges including aggravated intentional exposure of an emergency worker to a safety risk, aggravated reckless exposure of an emergency worker to a safety risk, theft of a motor vehicle, unlicensed driving, attempted robbery — Appellant 17 years old — Mild intellectual disability — Aboriginal heritage — Factors relevant to assessing whether risk unacceptable — Compelling reasons — Unreasonable delay before trial — Unacceptable adverse impacts of continued pre‑trial incarceration — Appeal allowed — Bail granted.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms C Foot | Kurnai Legal Practice |
| For the Respondent | Mr N Moran | Mr N Moran, Solicitor Advocate for Victoria Police |
HIS HONOUR:
Introduction
The applicant is a 17‑year‑old male Aboriginal child. In the last 18 months, he has been in a good deal of criminal trouble, regrettably, in my view, of escalating seriousness. He has been the subject of numerous grants of bail, all of which he has allegedly breached by further offending.
He has no prior convictions at this stage, although, as I shall explain shortly, there are a number of matters pending. I shall set out a brief chronology of that prior history before setting out the factual circumstances of the charges upon which he seeks bail from this Court.
From about March 2023, it is alleged that the applicant and his friends committed numerous offences in regional Victoria.
In short, the main type of offending involved breaking into houses, often occupied, stealing car keys and using them to steal cars. Often those cars were driven erratically and quickly. Between 5 June 2023 and 6 July 2024, the applicant was charged with at least the following offences: 12 thefts of motor vehicle, three charges of unlicensed driving, two charges of trespass, one of burglary, one of robbery, one of unlawful assault, one of dishonestly undertaking and the retention of stolen goods, one of criminal damage and one of behaving in a riotous manner.
Outline of current offending
The applicant, as I have said, was on many grants of bail until these matters came to Court, before a regional Children’s Court on 7 August 2024. On that day, as I understand it, he pleaded guilty to a consolidation of many of the above charges, including 12 thefts of motor vehicle, two charges of trespass, and charges of burglary, robbery and theft.
The Magistrate deferred sentence and released…
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- AGLC
- Re DZ (a pseudonym) [2024] VSC 687
- Case
- [2024] VSC 687
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the appellant's risk profile was unacceptable, whether there were compelling reasons for granting bail, and whether the delay in the trial had caused unreasonable adverse impacts. The court had to balance these factors against the seriousness of the offences and the need to protect the community. The appellant argued that he should be granted bail on the basis that he had no prior criminal history, he had a mild intellectual disability, and the delay in the trial had caused him significant hardship. The respondent argued that the appellant's risk profile was unacceptable, there were no compelling reasons for bail, and the delay in the trial had not caused unreasonable adverse impacts.
The court found that the appellant's risk profile was not unacceptable, there were compelling reasons for bail, and the delay in the trial had caused unreasonable adverse impacts. The court noted that the appellant had no prior criminal history and had a mild intellectual disability. The court also noted that the delay in the trial had caused the appellant significant hardship, including separation from his family and community, and a negative impact on his mental health. The court found that the appellant's risk profile was not unacceptable because he had no prior criminal history and had a mild intellectual disability. The court also found that there were compelling reasons for bail because the appellant's separation from his family and community had caused him significant hardship. Finally, the court found that the delay in the trial had caused unreasonable adverse impacts because the appellant had been separated from his family and community for an extended period of time. The court allowed the appeal and granted bail.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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