Re GA - [2022] VSC 148

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2022 0066

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an Application for Bail by GA

---

JUDGE:	Fox J
WHERE HELD:	Melbourne
DATE OF HEARING:	23 March 2022
DATE OF JUDGMENT:	23 March 2022
CASE MAY BE CITED AS:	Re GA
MEDIUM NEUTRAL CITATION:	[2022] VSC 148

---

CRIMINAL LAW – Application for bail – Applicant a 13 year old child – No prior convictions – Requirement to show exceptional circumstances – Whether applicant an unacceptable risk – Application opposed on grounds applicant is an unacceptable risk of committing an offence on bail and/or endangering the safety and welfare of any person – Exceptional circumstances established – Availability of supports – Applicant not an unacceptable risk if granted bail with conditions – Bail granted – Bail Act 1977, ss 1B, 3AAA, 3B, 4AA, 4A, 4D and 4E.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr D De Witt	Dowling McGregor Solicitors
For the Respondent	Mr N Watt	Victoria Police

HER HONOUR:

Introduction

This is an application for bail by GA on charges of burglary, theft of motor vehicle, reckless conduct endanger life, drive in manner dangerous, drive at speed dangerous, careless driving, unlicenced driving, enter intersection against red traffic light (two counts), handle stolen goods and commit an indictable offence whilst on bail. The applicant is 13 years old.

The alleged offending

On 28 February 2022 three males entered Anytime Fitness gym in Caulfield North and stole a number of car keys. They used one of the keys to steal a vehicle which was parked nearby. CCTV footage shows the applicant stealing the keys and entering the stolen vehicle.
At approximately 12:30am on 1 March 2022, police observed the stolen vehicle travelling in the Truganina area. The vehicle was travelling at high speed, and proceeded through a red light on two occasions. Police followed the vehicle for some distance, however lost sight of it near Sanctuary Lakes. There was only one entry and exit point into Sanctuary Lakes, and additional police were waiting with ‘stop sticks’ at the exit point. Police patrolled the area, and located the empty vehicle behind an apartment complex. They then observed the applicant nearby with his hands up. He was arrested and conveyed to Werribee Police Station for interview.
The applicant was charged by First Constable Marhad with the above listed charges and remanded in custody.
This matter, along with all of the applicant’s outstanding matters, is next listed for special mention on 5 April 2022 at Werribee Children’s Court.
Procedural history
The applicant was charged and remanded into custody on 1 March 2022. There was no application for bail at this time.
According to the applicant, on 15 March 2022, a bail application commenced in the Werribee Children’s Court. At the hearing, Youth Justice advised the court that they were not currently supportive of bail, and wished to undertake a full assessment…

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 GA

Details

AGLC: Re GA [2022] VSC 148
Case: [2022] VSC 148
Decision Date: 23 March 2022

CaseChat Overview and Summary

A 13-year-old child, the applicant, applied for bail in the Children's Court of Victoria. The nature of the dispute was whether the applicant should be granted bail, considering the seriousness of the alleged offence and the risk of the applicant committing further offences or endangering the safety and welfare of any person. The court was required to determine whether the applicant was an unacceptable risk to be granted bail and whether there were exceptional circumstances that warranted bail.

The legal issues before the court were whether the applicant was an unacceptable risk if granted bail, and whether there were exceptional circumstances that warranted bail. The court considered the seriousness of the alleged offence and the risk of the applicant committing further offences or endangering the safety and welfare of any person. The court also considered the availability of supports for the applicant, which included family support, school support, and support from the Department of Families, Fairness and Housing. The court found that the applicant was not an unacceptable risk if granted bail with conditions, and that exceptional circumstances were established.

The court held that the applicant was not an unacceptable risk if granted bail with conditions, and that exceptional circumstances were established. The court found that the applicant had family support, school support, and support from the Department of Families, Fairness and Housing. The court also found that the seriousness of the alleged offence did not outweigh the exceptional circumstances. The court granted bail with conditions, including that the applicant reside with his parents, attend school, and comply with a curfew. The court considered the availability of supports for the applicant, and the need to protect the community. The court's decision was based on the provisions of the Bail Act 1977.

Orders