| 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 2021Charged 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…
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- AGLC
- Re Green [2023] VSC 393
- Case
- [2023] VSC 393
- Decision Date
CaseChat Overview and Summary
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
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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