| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2014 0168
| IN THE MATTER of the Crimes Act 1958 |
| IN THE MATTER of the Bail Act 1977 |
| IN THE MATTER of an application for bail by Gregory Rodin |
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JUDGE: | MACAULAY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 November 2014 |
DATE OF RULING: | 18 December 2014 |
CASE MAY BE CITED AS: | Re Gregory Rodin |
MEDIUM NEUTRAL CITATION: | [2014] VSC 656 First revision (9 August 2016) |
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[REDACTED VERSION]
BAIL APPLICATION – Trafficking drugs of dependence in commercial & large commercial quantities contrary to ss 71 and 71AA of Drugs, Poisons and Controlled Substances Act1981 - Whether exceptional circumstances justifying the grant of bail – Whether delay until trial is exceptional circumstance – Numerous prior convictions - Whether unacceptable risk of reoffending – Need for treatment for substance abuse, depression and chronic grief following death of sister - application granted on conditions – Bail Act 1977 (Vic) s 4(2)(aa), (d)
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms C B Hollingworth | Office of Public Prosecutions |
| For the Applicant | Mr P C Dane QC | Theo Magazis & Associates |
HIS HONOUR:
The applicant for bail, Gregory Rodin, was arrested on 10 June 2014, charged with total of 20 charges relating to drug and firearm offences, and remanded in custody that day. The offences with which Mr Rodin is charged are as follows:
One charge of trafficking in a drug of dependence of a large commercial quantity (methylamphetamine). [1]
[1]Originally Mr Rodin was charged with two counts of trafficking in a commercial quantity, but on 18 December the court was informed that the count in respect of trafficking in methylamphatamine had been replaced with a count of trafficking in a large commercial quantity: the alleged quantity of that drug now being 3.188kg.
One charge of trafficking in a drug of dependence of a commercial quantity (1, 4 butanediol).
Two charges of possession of a drug of dependence (methylamphetamine).
One charge of possession of a drug of dependence (1, 4 butanediol).
One charge of possession of a drug of dependence (actiq).
One charge of possession of a drug of dependence (heroin).
Two charges of possession of materials for trafficking in a drug of dependence.
Two charges of possession of precursor chemicals (two charges).
One charge of possession of a prohibited weapon (knuckleduster).
One charge of possession of property suspected of being proceeds of crime.
Three charges of being a prohibited person in possession of a firearm.
One charge of possession of cartridge ammunition.
One charge of possession of an explosive.
Two charges of possession of a tablet press.
Bail has been refused on one previous occasion by Magistrate Reardon on 24 June 2014.
A committal mention was listed (and has since been held) for 11 December 2014, together with the committal mention of the applicant’s two co-accused who were arrested in September 2014.
Because the applicant is a person charged with offences contrary to ss 71 and 71AA…
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- Re Gregory Rodin [2014] VSC 656
- Case
- [2014] VSC 656
- Decision Date
CaseChat Overview and Summary
The court examined the nature and seriousness of the offence, the defendant's criminal history which included numerous prior convictions, and the need for the defendant to receive treatment for his substance abuse, depression, and grief. The court concluded that there were exceptional circumstances present, including the delay in the trial proceedings. The court determined that the defendant's risk of reoffending could be managed through the imposition of bail conditions. The court found that the defendant's need for treatment, particularly for substance abuse, was a significant factor in favour of granting bail. The court ultimately decided that the defendant could be granted bail on specified conditions, as outlined in the Bail Act 1977 (Vic).
The court ordered that Gregory Rodin be released on bail on the conditions specified, including regular reporting to the bail justice, attending a treatment program for substance abuse, and abiding by a curfew. The court also imposed conditions to ensure the defendant did not engage in any further criminal activity. The orders reflect the court's consideration of the exceptional circumstances, the defendant's treatment needs, and the risk of reoffending.
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