Re JK - [2022] VSC 527

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2022 0226

IN THE MATTER of the Bail Act 1977 (Vic)

- and -

IN THE MATTER of an application for bail by JK

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JUDGE:	Taylor J
WHERE HELD:	Melbourne
DATE OF HEARING:	7 September 2022
DATE OF JUDGMENT:	7 September 2022
CASE MAY BE CITED AS:	Re JK
MEDIUM NEUTRAL CITATION:	[2022] VSC 527

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CRIMINAL LAW – Bail – Applicant 16 years of age – Applicant in custody for first time – Applicant charged with multiple dishonesty, violence and bail offences by multiple informants - Whether applicant demonstrates exceptional circumstances justifying grant of bail – Whether applicant poses unacceptable risk – Bail granted – Bail Act 1977 ss 1B, 3AAA, 3B, 4A, 4AA, 4D and 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr P Roth	Dotchin Tan
For the Respondent	Mr A Singh	Victoria Police

HER HONOUR:

By application dated 31 August 2022, JK (‘the applicant’) seeks a grant of bail. He is sixteen years of age. He is presently remanded in Parkville Youth Justice Centre (‘PYJC’).

Summary of alleged offending

The applicant is remanded with respect to six suites of charges. In chronological order they are:

Informant Charge date Offence date Charges

Anderson 31 May 2022 30 May 2022
Robbery.

Handling stolen goods.

Possess cannabis.

Unlawful assault.

Assault in company.

Lee-Archer 28 July 2022 28 July 2022
Handling stolen goods.

Commit indictable offence whilst on bail.

Criminal damage.

Fontana 13 August 2022 7 August 2022
Burglary.

Theft.

Commit indictable offence whilst on bail.

Winkler 18 August 2022 18 August 2022
Handling stolen goods (two counts).

Theft of motor vehicle.

Commit indictable offence whilst on bail.

Ellemor 22 August 2022 22 August 2022
Robbery.

Commit indictable offence whilst on bail.

Cameron 27 August 2022 27 August 2022
Aggravated burglary.

Theft.

Theft of motor vehicle.

Unlicensed driving.

Commit indictable offence whilst on bail.

Until 29 August 2022, when bail was refused by the Children’s Court with respect to the Cameron charges, the applicant had been on five separate grants of bail with respect to the other charges. Bail in those matters was revoked on 29 August 2022. All matters are next listed on 19 September 2022 in the Melbourne Children’s Court.

The applicant is also presently on summons with respect to charges of attempted robbery (two counts), assault in company (two counts), handling stolen goods and possessing proceeds of crime alleged to have been committed between 22 February 2022 and 15 April 2022. Those charges were laid by informant Schalk on 14 April 2022 and are next listed on 20 September 2022 at the Frankston Children’s Court.

Additionally, the applicant will be charged by informant Lai Sang with robbery, handling stolen goods and committing an indictable offence whilst on bail with respect to an incident on 26 August 2022.

Schalk charges

On 21 February 2022 the applicant took possession of a mobile telephone robbed from a man by a co-accused at the Cranbourne…

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 JK

Details

AGLC: Re JK [2022] VSC 527
Case: [2022] VSC 527
Decision Date: 7 September 2022

CaseChat Overview and Summary

In the matter of Re JK, the applicant, a 16-year-old, was in custody for the first time, charged with multiple dishonesty, violence, and bail offences, reported by various informants. The application for bail was heard in the relevant court. The primary issues before the court were whether the applicant demonstrated exceptional circumstances justifying the grant of bail and whether the applicant posed an unacceptable risk to the community if released on bail.

The court considered the statutory framework of the Bail Act 1977, specifically sections 1B, 3AAA, 3B, 4A, 4AA, 4D, and 4E. The court assessed the exceptional circumstances under section 4A and the risk factors outlined in sections 4AA and 4D. In examining the risk to the community, the court considered the nature and seriousness of the offences, the applicant's criminal history, and the potential impact of bail on the community. The court determined that, despite the gravity of the charges and the applicant's first-time custody, the exceptional circumstances warranted a grant of bail. The court concluded that the applicant did not pose an unacceptable risk to the community and that granting bail would not undermine the administration of justice.

Accordingly, the court granted bail subject to a range of conditions designed to ensure the applicant's compliance and to mitigate any potential risk to the community. The final orders included requirements for the applicant to reside at a specified address, report to a bail supervisor, observe a curfew, refrain from contact with certain individuals, and adhere to other specified conditions aimed at ensuring their appearance in court and the safety of the community.

Orders