Re Ledain (Bail Application) - [2025] VSC 564

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2025 0199

IN THE MATTER of an application for bail under the Bail Act 1977

-and-

IN THE MATTER of an application for bail by JAIDEN LEDAIN

BETWEEN:

JAIDEN LEDAIN	Applicant
and
VICTORIA POLICE	Respondent

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JUDGE:	Gorton J
WHERE HELD:	Melbourne
DATE OF HEARING:	4 September 2025
DATE OF RULING:	8 September 2025
CASE MAY BE CITED AS:	Re Ledain (Bail Application)
MEDIUM NEUTRAL CITATION:	[2025] VSC 564

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CRIMINAL LAW – Application for bail – Applicant 21-year old with extensive criminal history – Where charges included possession of weapons – Where applicant intending to plead guilty - Where applicant has residential drug and alcohol rehabilitation program available if granted bail – Where first opportunity for applicant to attend residential rehabilitation – Where evidence of genuine wish to rehabilitate – Where compelling reason exists justifying the grant of bail – Where risk is acceptable on conditions that applicant reside at rehabilitation facility and not leave without accompaniment – Re Tofaris [2021] VSC 249 – Bail Act 1977 (Vic) ss 3AAA, 4C, 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms Jessica Willard	Barwon South West Lawyers
For the Respondent	Mr Nicholas Moran	Victoria Police

HIS HONOUR:

A Introduction

On Friday 5 September 2025, I said that on Monday 9 September 2025 I would grant Mr Jaiden Ledain, the applicant, bail on conditions including that he reside at Odyssey House, a drug and alcohol rehabilitation facility, and publish reasons later. The delay in the formal grant of bail was because Odyssey House, in circumstances such as this, requires the person granted bail to be transported to Odyssey House directly from the remand facility and the necessary arrangements had to be made. These are the reasons for which I granted that bail.
The applicant is a 21-year old man living in the Geelong area. He has been charged with 19 offences and is currently on remand. It is alleged that:
(a)On 18 May 2025, the applicant broke into a garage and home on a residential street in Geelong West. The owner recognised various items from his home, including a set of golf clubs and various power tools, in a vacant lot next to his house, found a handgun in his house that was not his, and noticed that a knife was missing. He walked back to the vacant lot to look for the knife. While walking to the vacant lot, the owner noticed the applicant walking towards his back gate. The applicant fled and the owner chased him down a nearby street. Another joined the chase. The applicant swung a knife at one of the pursuers in an attempt to avoid being restrained. He was overpowered and police arrived. He was arrested and charged by Detective Senior Constable Baskin with entering with intent to steal and theft of property including identity cards and knives. He was released on bail;
(b)On 23 May 2025, the applicant breached a…

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 Ledain (Bail Application)

Details

AGLC: Re Ledain (Bail Application) [2025] VSC 564
Case: [2025] VSC 564
Decision Date: 8 September 2025

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of Re Ledain (Bail Application) involved Jaiden Ledain, a 21-year-old with a significant criminal history, who applied for bail. The primary legal issue was whether a compelling reason existed to justify the grant of bail, considering Ledain's extensive criminal record and the nature of the current charges, which included possession of weapons and other serious offences. The court had to assess whether there was an unacceptable risk that Ledain would reoffend if released on bail. This assessment involved considering Ledain's personal circumstances, including his recent fatherhood, his history of substance abuse, and the availability of a residential drug and alcohol rehabilitation program at Odyssey House, which he had been offered if granted bail.

The court found that Ledain had a compelling reason to be granted bail. This was based on his genuine desire to rehabilitate, the opportunity to participate in a residential rehabilitation program at Odyssey House, and the potential long-term benefits for the community if he successfully changed his life's trajectory. The court also concluded that the risk of Ledain reoffending, if released on bail with conditions, was acceptable. These conditions included residing at Odyssey House, following its rules, and not leaving without accompaniment. The court considered that the risk of Ledain absconding and reoffending was balanced by the likelihood that he would be quickly apprehended if he did so, and the potential long-term benefits of his rehabilitation.

Ultimately, the court granted bail on conditions, including that Ledain reside at Odyssey House and follow its rules, with a date set for judicial monitoring. This decision was based on the synthesis of all relevant circumstances, including the compelling reason for bail and the acceptable risk of reoffending if the conditions were met.

Orders