Re Morrison - [2023] VSC 643

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2023 0227

IN THE MATTER of the Bail Act 1977

- and -

IN THE MATTER of an application for bail by JOSHUA MORRISON

BETWEEN:

JOSHUA MORRISON	Applicant
- and -
DIRECTOR OF PUBLIC PROSECUTIONS	Respondent

---

JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	20 October 2023
DATE OF JUDGMENT:	27 October 2023
DATE OF REASONS:	24 November 2023
CASE MAY BE CITED AS:	Re Morrison
MEDIUM NEUTRAL CITATION:	[2023] VSC 643

---

CRIMINAL LAW — Application for bail — Exceptional circumstances test — Charges of abduction or detention for a sexual purpose, administration of an intoxicating substance for a sexual purpose, grooming for sexual conduct with a child under the age of 16, sexual assault of a child under the age of 16 — Criminal history related to driving offences, possession of weapons and drugs — Applicant subject to Community Corrections Order — Complex health issues — Intervention Orders in force — Delay — Exceptional circumstances — Unacceptable risk not shown — Bail granted — Bail Act 1977 (Vic), ss 1B, 3AAA, 4, 4AA, 4D, 4E.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	L McPhie	McFarlane Criminal Lawyers
For the Respondent	P Pickering	Office of Public Prosecutions

HIS HONOUR:

Introduction

Joshua Morrison [‘the applicant’] seeks bail on the following charges, which are alleged to have occurred on 3 September 2023:

(a) abduction or detention for a sexual purpose (two charges);

(b) administration of an intoxicating substance for a sexual purpose (two charges);

(c) grooming for sexual conduct with a child under the age of 16 (two charges);

(d) sexual assault of a child under 16 years old; and

(e) committing an indictable offence whilst on bail.

Procedural history

At the time of the alleged offending, the applicant was serving a community correction order [‘CCO’] for various offences (including offences against the Bail Act 1977 (Vic) [‘the Act’]). He was also on bail for unrelated matters [‘the bail matters’].

On 6 September 2023, the applicant was arrested and remanded into custody.

On 8 September 2023, the applicant applied for and was refused bail at the Latrobe Valley Magistrates’ Court. The Magistrate was satisfied that exceptional circumstances were made out, but was of the view the applicant posed an unacceptable risk of endangering the safety or welfare of any person; and interfering with a witness or otherwise obstructing the course of justice in any matter.

The same day, two personal safety intervention orders [‘PSIOs’] were made in respect of the two complainants:

(a) the first naming EH as the protected person and the applicant as the respondent; and

(b) the second naming ES as the protected person and the applicant as the respondent.

Each of the orders includes full no‑contact conditions and will last until 7 September 2027, unless extended or varied prior to that date.

On 3 October 2023, the applicant was sentenced in relation to the matters for which he had been on…

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 Morrison

Details

AGLC: Re Morrison [2023] VSC 643
Case: [2023] VSC 643
Decision Date: 27 October 2023

CaseChat Overview and Summary

The respondent, Morrison, applied for bail in the County Court of Victoria. Morrison faced serious charges including abduction or detention for a sexual purpose, administration of an intoxicating substance for a sexual purpose, grooming for sexual conduct with a child under the age of 16, and sexual assault of a child under the age of 16. The prosecution opposed the application, citing the gravity of the allegations and the potential danger Morrison posed to the community. Morrison's application hinged on establishing exceptional circumstances under the Bail Act 1977 (Vic), given his criminal history which included driving offences, possession of weapons and drugs, and his current status under a Community Corrections Order. Additionally, Morrison raised his complex health issues as a mitigating factor.

The court was required to determine whether exceptional circumstances existed to justify Morrison’s release on bail. The prosecution argued that the risk of reoffending was high due to the serious nature of the charges and Morrison’s prior criminal history. The defence countered that Morrison’s health issues warranted his release and that there was no evidence of an unacceptable risk to the community. The court examined the statutory criteria under sections 1B, 3AAA, 4, 4AA, 4D, and 4E of the Bail Act 1977 (Vic), focusing on the balance between Morrison’s rights and the need to protect the community.

The County Court found that while Morrison's health issues and the delay in the proceedings constituted exceptional circumstances, the prosecution had not established an unacceptable risk that would justify denying bail. The court acknowledged the severity of the charges but concluded that the evidence did not demonstrate that Morrison posed an unacceptable risk to the community if released on bail. Thus, the court granted Morrison's application for bail, subject to specific conditions aimed at ensuring community safety and compliance with the bail terms.

Orders