Re Green - [2023] VSC 393

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2023 0024

IN THE MATTER of the Bail Act 1977
– and –
IN THE MATTER of an Application for Bail by KYLE GREEN

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JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	22 February 2023
DATE OF JUDGMENT:	10 March 2023
DATE OF REASONS:	10 July 2023
CASE MAY BE CITED AS:	Re Green
MEDIUM NEUTRAL CITATION:	[2023] VSC 393

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CRIMINAL LAW — Application for bail — Charges relating to contravening Family Violence Intervention Orders, criminal damage, theft and failing to answer bail — 20 charges total — 18 years old — First time in custody — Risk of delay — Exceptional circumstances satisfied — Unacceptable risk not established — Risk can be managed through stringent conditions — Bail granted — Bail Act 1977 (Vic), ss 1B, 3AAA, 4, 4AA, 4E, 18, 18AA, 18AB.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	W Blake	Sarah Pratt & Associates
For the Respondent	P Murphy	Victoria Police

HIS HONOUR:

Introduction

Kyle Green [‘the applicant’] is an 18-year-old in custody for the first time. He has been in custody on remand since 20 December 2022, and as at the date of the hearing of this application, will have spent 64 days in custody.

He seeks bail in the following three matters:

Matter Dates Charges

Informant Crooks
Alleged offending 27 May 2022

Charged 30 September 2022

Criminal damage

Making a threat to kill

Unlawful assault

Informant Hughes
Alleged offending 31 May 2022

Charged 1 June 2022

Theft of motor vehicle

Committing an indictable offence whilst on bail

Informant Montgomery
Alleged offending between 16 November to 20 December 2022

Charged 20 December 2022

Persistently contravening a family violence intervention order [‘FVIO’]

Contravening an FVIO intending to cause harm or fear

Contravening an FVIO (seven charges)

Unlawful assault
(two charges)

Criminal damage

Committing an indictable offence whilst on bail

Failing to answer bail (two charges)

Outstanding matters

The applicant is currently subject to bail in the following three matters:

Matter Dates Charges

Informant Clayton
Alleged offending between
3–8 November 2021

Charged 2 December 2021

Theft of motor vehicle

Criminal damage

Theft

Informant Fell
Alleged offending 2 May 2022

Charged 3 June 2022

Theft of motor vehicle

Handling stolen goods (two charges)

Committing an indictable offence whilst on bail
(two charges)

Theft

Dealing with property suspected to be proceeds of crime

Informant Towers
Alleged offending 10 October 2022

Charged 13 October 2022
Failing to answer bail

The applicant is also subject to summons in the following three matters:

Matter Dates Charges

Informant Ludeman
Alleged offending 10 January 2022

Charged 2 March 2022

Robbery

Committing an indictable offence whilst on bail
(two charges)

Theft of motor vehicle

Obtaining property by deception

Informant Tinney
Alleged offending 2 August 2022

Charged 13 February 2023
Contravening an FVIO

Informant Jones
Alleged offending 28 October 2022

Charged 4 February 2023
Contravening an FVIO
Procedural history

The applicant was arrested and remanded in custody in the informant…

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 Green

Details

AGLC: Re Green [2023] VSC 393
Case: [2023] VSC 393
Decision Date: 10 March 2023

CaseChat Overview and Summary

The applicant, Green, applied for bail in the County Court of Victoria in relation to 20 charges, including contravening Family Violence Intervention Orders, criminal damage, theft, and failing to answer bail. Green, 18 years old and facing his first time in custody, sought release on bail. The prosecution opposed bail on the grounds of risk of delay and unacceptable risk to the community.

The court was required to consider the principles outlined in the Bail Act 1977 (Vic), including whether exceptional circumstances existed to justify bail, and whether the risk of Green delaying the proceedings or causing harm to the community was unacceptable. The court considered the seriousness of the charges, Green's age, his criminal history, and the potential for his release to cause delay or harm to the community.

The court found that exceptional circumstances were present due to Green's age and the impact of incarceration on his rehabilitation. However, the court determined that the risk of delay could be managed through stringent bail conditions, and the risk to the community was not unacceptable. The court accepted that the risk could be managed by imposing strict bail conditions that would sufficiently mitigate any potential harm. Accordingly, the court granted bail.

The court ordered that Green be released on bail subject to conditions including residence at a specified address, reporting to a bail supervisor, and abstaining from alcohol and drugs. The court also imposed conditions to ensure Green's attendance at court and to prevent any further breaches of Family Violence Intervention Orders.

Orders