| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2024 0013
| IN THE MATTER of the Bail Act 1977 |
| - and – |
| IN THE MATTER of an Application for Bail by ZANE HODGETTS |
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JUDGE: | TINNEY J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 2 & 5 February 2024 |
DATE OF JUDGMENT: | 7 February 2024 |
CASE MAY BE CITED AS: | Re Hodgetts |
MEDIUM NEUTRAL CITATION: | [2024] VSC 21 |
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CRIMINAL LAW – Bail – A large number of driving and other charges in several groups – Charges allegedly committed in breach of bail and community correction order – Young offender – Onerous conditions in custody – Poor performance on previous grant of bail – Significant risk of reoffending – Exceptional circumstances not established – Unacceptable risk – Bail refused – Bail Act 1977 ss 1B, 3AAA, 4, 4A, 4AA, 4D, 4E, 5AAAA.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms L Conwell | Stary Norton Halphen |
| For the Respondent | Mr Amitoj Singh | Victoria Police Legal Practice Group |
HIS HONOUR:
Introduction
The applicant applies for bail in respect of a large number of charges he faces which have been laid by several members of Victoria Police. The charges and respective police informants are as follows:
Senior Constable Matthew Keays
·Possess drug of dependence
·Criminal damage
·Drive a motor vehicle when directed to stop
·Proceed through a red traffic arrow
·Drive over the speed limit
·Contravene conduct condition of bail (3 charges)
·Commit an indictable offence whilst on bail (4 charges)
·Theft
Detective Senior Constable Paul Follett
·Theft (5 charges)
·Drive while disqualified (5 charges)
·Dangerous driving (4 charges)
·Handle stolen goods
·Impersonating police
·Obtain property by deception (2 charges)
Constable Karan Vinod
·Threat to inflict serious injury
·Criminal damage.
I will refer to these charges as the Keays charges, the Follett charges and the Vinod charges.
The Court was informed that the Follett charges have now settled, and that the applicant will plead guilty to an agreed selection of charges at Frankston Magistrates’ Court on 23 February 2024. The charges which will not be proceeded with are two charges of driving at a speed dangerous which seemingly were laid in the alternative to two charges of driving in a manner dangerous.
In addition to the above charges, the applicant also faces charges for which he is currently on summons. They are as follows:
Informant Nicholson
·Contravene family violence intervention order
Informant Armstead
·Contravene community correction order.
By way of further important background, the applicant is on a 12-month community correction order (‘CCO’) imposed in the Frankston Magistrates’ Court on 11 July 2023, for offences of handle stolen goods (two charges); burglary; unlicensed driving (two charges); use unregistered motor vehicle; theft of a motor vehicle; commit indictable offence on bail (two charges); aggravated burglary; careless driving of a motor vehicle; contravene conduct condition of bail; fail to answer bail; and possess 1,4 butanediol. The conditions of the CCO include supervision and engagement with assessment and treatment for drug abuse…
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- AGLC
- Re Hodgetts [2024] VSC 21
- Case
- [2024] VSC 21
- Decision Date
CaseChat Overview and Summary
The legal issues central to the decision involved whether the conditions of bail should be modified or refused altogether. The court considered whether Hodgetts met the criteria under sections 1B, 3AAA, 4, 4A, 4AA, 4D, 4E, and 5AAAA of the Bail Act 1977, focusing on the risk of reoffending, the seriousness of the charges, and the potential impact of bail on the community. The court was also required to assess if the exceptional circumstances necessary to warrant bail existed, given the severity of the charges and the breach of previous bail conditions. Hodgetts argued that he had changed his lifestyle and was committed to rehabilitation, but the court found that the risk of reoffending remained high, and the exceptional circumstances were not convincingly established.
In delivering its decision, the court detailed the extensive history of Hodgetts' offending, noting the significant number of driving charges and other criminal activities. The court found that despite Hodgetts' claims of rehabilitation, the risk of reoffending was too high, particularly given the serious nature of the charges and the fact that he had breached previous bail and community correction orders. The court also highlighted the onerous conditions that had been imposed on Hodgetts while in custody, which he had not complied with effectively. Ultimately, the court determined that the unacceptable risk posed to the community outweighed any potential benefits of granting bail. Therefore, the application for bail was refused.
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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