Re Goldsworthy - [2020] VSC 500

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2020 0173

IN THE MATTER of the Bail Act 1977 (Vic)

-and-

IN THE MATTER of an application for bail by SCOTT GOLDSWORTHY

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JUDGE:	LASRY J
WHERE HELD:	Melbourne
DATES OF HEARING:	10 August; 13 August 2020
DATE OF RULING:	13 August 2020
CASE MAY BE CITED AS:	Re Goldsworthy
MEDIUM NEUTRAL CITATION:	[2020] VSC 500

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CRIMINAL LAW — Bail application — Charges of rape, family violence and persistent contravention of Family Violence Intervention Order — Whether exceptional circumstances exist — Whether unacceptable risk of family violence — Delay — Impact of COVID-19 — No prior criminal record — Exceptional circumstances not established — Bail refused — Bail Act 1977 (Vic) ss 1B, 3AAA, 4A, 4AA, 4D, 4E and 5AAAA.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms V Drago	Ruffin Lawyers
For the Respondent	Mr M Fisher	Office of Public Prosecutions

HIS HONOUR:

This is an application for bail by Scott Goldsworthy (the ‘applicant’).

On 28 May 2020, he was charged and remanded in custody in relation to nine charges brought by Detective Senior Constable Ashley Bell (the ‘first Bell matter’). Those charges are as follows:

·intentionally causing injury;
·recklessly causing injury;
·persistent contravention of a family violence intervention order (‘FVIO’);
·contravention of an interim FVIO (four counts);
·possessing a drug of dependence (cannabis); and
·unlawful assault.

He was granted bail on those charges at the Korumburra Magistrates’ Court on 11 June 2020, with conditions including compliance with the active interim FVIO.

On 30 June 2020, while on bail, the applicant was charged by the same informant with additional offences as follows (the ‘second Bell matter’):

·stalking;
·contravention of a FVIO intending to cause harm or fear;
·persistent contravention of a FVIO;
·committing an indictable offence whilst on bail (three counts);
·contravention of an interim FVIO (five counts);
·rape (three counts);
·sexual assault (two counts);
·recklessly causing injury; and
·making a threat to kill.

The charges in each of the first and second Bell matters relate to allegations of family violence made against the applicant by his former partner over two overlapping periods of time, being between 28 February and 28 May 2020 in the first matter and between 1 January 2019 and 25 June 2020 in the second matter.

Procedural history

After his arrest in the second Bell matter on 30 June 2020, the applicant was remanded and refused bail at the Ringwood Magistrates’ Court later that day.

He was refused bail a second time at the Latrobe Valley Magistrates’ Court, on 21 July 2020, on the grounds that he failed to show exceptional circumstances and was an unacceptable risk of committing an offence while on bail or endangering the safety or welfare of any person.

On the same day, bail was revoked in relation to the first Bell matters.

By application filed on 30 July 2020, the applicant seeks a grant of bail in this Court in respect of all matters.

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 Goldsworthy

Details

AGLC: Re Goldsworthy [2020] VSC 500
Case: [2020] VSC 500
Decision Date: 13 August 2020

CaseChat Overview and Summary

In the matter of Re Goldsworthy, the applicant faced a bail application in the County Court of Victoria, charged with multiple offences including rape, family violence, and persistent contravention of a Family Violence Intervention Order. The applicant was alleged to have committed these offences against his partner, with whom he had a child. The key legal issues the court needed to address were whether exceptional circumstances existed to grant bail and whether there was an unacceptable risk of family violence if bail were to be granted. The court also had to consider the impact of the COVID-19 pandemic on the applicant’s ability to maintain contact with the complainant.

The court examined the nature and seriousness of the charges, the history of family violence, and the risk of reoffending. It was noted that the applicant had no prior criminal record and had cooperated with authorities during the investigation. However, the court held that the exceptional nature of the alleged offences and the risk of family violence constituted significant factors against granting bail. The impact of COVID-19 was considered but did not outweigh the risk of family violence. The court concluded that the balance of considerations did not favour the existence of exceptional circumstances and the unacceptable risk of family violence precluded bail.

As a result, the application for bail was refused. The court found that the risk to the complainant and potential for reoffending outweighed any mitigating factors, including the applicant's clean criminal record and cooperation with authorities. The court ordered that the applicant remain in custody pending the determination of the charges against him.

Orders