Re Jeffkins - [2023] VSC 733

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S SCR 2023 0290

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by ANDREW JEFFKINS

---

JUDGE:	KAYE JA
WHERE HELD:	Melbourne
DATE OF HEARING:	7 December 2023
DATE OF RULING:	8 December 2023
CASE MAY BE CITED AS:	Re Jeffkins
MEDIUM NEUTRAL CITATION:	[2023] VSC 733

---

CRIMINAL LAW – Bail application – Applicant charged with reckless cause injury, assault and commit indictable offence while on bail – Alleged offending occurring while applicant on bail for indictable offence and while applicant subject to Community Correction Order in respect of indictable offence – Whether exceptional circumstances exist – Whether unacceptable risk – Substantial criminal history including previous breaches of bail – Applicant having significant mental health issues – Applicant subject to Inpatient Assessment Order made under Mental Health and Wellbeing Act 2022 – Bail granted subject to conditions.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms J. Swiney	Victorian Aboriginal Legal Service
For the Respondent	Mr P. Murphy	Victoria Police

HIS HONOUR:

On 29 October 2023, the applicant was arrested and remanded in custody on one charge of recklessly causing injury, three charges of assault, and one charge of committing an indictable offence while on bail. On 9 November, his application for bail to the Neighbourhood Justice Centre was refused. A further application was refused on 23 November 2023, due to the lack of new facts and circumstances. The charges are currently listed for a sentence indication at the Neighbourhood Justice Centre on 19 December. The applicant now applies to this Court for bail.

The offences, with which the applicant has been charged, arose from an incident on 29 October 2023 involving Ms Sarah Belleli, with whom the applicant was then in a relationship.

At about 10:00 am on that date, the applicant and Ms Belleli were walking together to the supermarket in Fitzroy, when the applicant suddenly became quite paranoid after they met a man who Ms Belleli knows, and who lives in the same building. The applicant made a number of threats to Ms Belleli that he would assault the man. His mood escalated, and he then assaulted Ms Belleli. He slapped her across the face, pushed her to the ground, put his knees into her ribs, and started to stomp on her right hand side. The applicant then desisted from that behaviour, and walked away. Two persons who witnessed the incident assisted Ms Belleli, and accompanied her to the Victoria Police station. As a result of the incident, Ms Belleli sustained some bruising to her collarbone and shoulder area.

In her statement to police, Ms Belleli said that she wished to end her relationship with the applicant, and, for that purpose, she asked that an intervention order be put in place, to prevent him attending at her apartment. However, she stated that she did not want the applicant to be charged with criminal offences, because she…

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 Jeffkins

Details

AGLC: Re Jeffkins [2023] VSC 733
Case: [2023] VSC 733
Decision Date: 8 December 2023

CaseChat Overview and Summary

The applicant, Jeffkins, appeared before the Court to seek bail in relation to charges of reckless conduct causing injury, assault, and committing an indictable offence while on bail. The charges stem from incidents occurring while the applicant was already on bail for another indictable offence and under a Community Correction Order. The court was tasked with determining whether exceptional circumstances existed that warranted bail, and whether the applicant posed an unacceptable risk to the community.

The legal issues centred on the applicant's substantial criminal history, including previous breaches of bail, and the presence of significant mental health issues. The applicant was currently subject to an Inpatient Assessment Order under the Mental Health and Wellbeing Act 2022. The court had to weigh these factors against the seriousness of the new charges and the potential risk posed by the applicant if released on bail.

In reaching its decision, the court considered the applicant's mental health issues and the fact that they were currently subject to an Inpatient Assessment Order, which indicated ongoing treatment and monitoring. Despite the applicant's criminal history and previous breaches of bail, the court found that the exceptional circumstances, including the current mental health treatment, warranted the granting of bail. The court was satisfied that with appropriate conditions, the risk to the community could be mitigated. Consequently, bail was granted with strict conditions to ensure the applicant's compliance and to protect the community.

Orders