Re Lesslie - [2024] VSC 568

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

SECR 2024 0194

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by REECE LESSLIE

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JUDGE:	Kaye JA
WHERE HELD:	Melbourne
DATE OF HEARING:	12 September 2024
DATE OF RULING:	13 September 2024
CASE MAY BE CITED AS:	Re Lesslie
MEDIUM NEUTRAL CITATION:	[2024] VSC 568

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CRIMINAL LAW — Bail application — Applicant charged with burglary, theft of motor vehicle, driving a motor vehicle recklessly exposing an emergency worker to a risk of safety, recklessly driving a motor vehicle causing damage to an emergency service vehicle, theft of bankcards, possessing cartridge ammunition whilst not the holder of a licence or permit, possessing prohibited weapon without exemption, driving motor vehicle during a period of disqualification — Whether exceptional circumstances established — Whether unacceptable risk of endangering the safety and welfare of others — Applicant Aboriginal person — Applicant suffers health issues — Bail Act 1977 (Vic) ss 3A, 3B, 3AAA, 4A, 4AA, 4D, 4E, considered.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms G Karvela	Angus Cameron Lawyers
For the Respondent	Ms J Hotchkin	Victoria Police

HIS HONOUR:

The applicant is subject to four sets of charges. On 13 April 2023, he was arrested and remanded into custody in respect of three of those sets of charges. On 6 May 2024, he successfully applied for bail in respect of those charges. Subsequently, on 7 July 2024, he was arrested and bailed in respect of the matters that are the subject of the fourth set of charges. On 18 July 2024, he was arrested on all four sets of charges. The Wodonga Magistrates’ Court granted the application of the respondent to revoke the applicant’s bail. The applicant now applies to this Court for bail.

Summary of alleged offending

The informants in respect of the four sets of charges are, respectively, Detective Senior Constable Sharma, Detective Leading Senior Constable Causer, Detective Senior Constable Deverell, and Senior Constable Larkin.

Detective Senior Constable Sharma charges

On 23 January 2023, the applicant was charged, by Detective Senior Constable Sharma, with one charge of burglary, two charges of theft of a motor vehicle, one charge of theft of bankcards, one charge each of possess cartridge ammunition whilst not the holder of a licence or permit, possess prohibited weapon without exemption, and possess controlled weapon without lawful excuse, and two charges of driving a motor vehicle during a period of disqualification. Those offences are alleged to have been committed by the applicant on 24 June 2022 and 25 June 2022.

At approximately 9:00 pm on 24 June 2022, the applicant was involved in a single vehicle collision on the Hume Freeway, Euroa. The applicant was then driving a silver Ford Falcon with false registration plates. A member of the public, Benjamin Richards, who was driving a Volkswagen Transporter van, stopped his vehicle to render assistance to the applicant. As Richards walked to another vehicle that had…

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 Lesslie

Details

AGLC: Re Lesslie [2024] VSC 568
Case: [2024] VSC 568
Decision Date: 13 September 2024

CaseChat Overview and Summary

The applicant, Lesslie, was before the Court to seek bail after being charged with multiple serious offences. These included burglary, theft of a motor vehicle, reckless driving endangering an emergency worker and damaging an emergency vehicle, theft of bankcards, possession of ammunition without a licence, possession of a prohibited weapon without exemption, and driving during a period of disqualification. The charges arose from an incident where the applicant allegedly committed these acts. The Court was tasked with determining whether exceptional circumstances existed to grant bail and whether there was an unacceptable risk of endangering the safety and welfare of others.

The court considered the statutory provisions under the Bail Act 1977 (Vic), particularly sections 3A, 3B, 3AAA, 4A, 4AA, 4D, and 4E. It assessed whether the applicant had established exceptional circumstances warranting bail and if there was a significant risk to the safety and welfare of others if released. The applicant's status as an Aboriginal person and his health issues were also factors considered in the decision.

The court found that while the applicant had presented some mitigating factors, the seriousness of the charges and the risk to the community were significant. It concluded that exceptional circumstances had not been established and that there was an unacceptable risk to the safety and welfare of others if bail were granted. Therefore, the application for bail was refused.

No further orders were made as the court deemed the refusal of bail to be the appropriate outcome based on the circumstances and the considerations under the Bail Act 1977 (Vic).

Orders