Re Morrison

Case [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

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IN THE MATTER of an application for bail by JOSHUA MORRISON

BETWEEN:

JOSHUA MORRISON Applicant
- and -
DIRECTOR OF PUBLIC PROSECUTIONS Respondent

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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

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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.

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APPEARANCES:

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

HIS HONOUR:

Introduction

  1. 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

  1. 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’].

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

  1. 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.

  1. 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.

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

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

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Re Morrison [2023] VSC 643
Case
[2023] VSC 643
Decision Date

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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