Re Nagy (Bail Application) - [2025] VSC 507

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2025 0164

IN THE MATTER of the Bail Act 1977

-and-

IN THE MATTER of an application for bail by DAVID NAGY

BETWEEN:

DAVID NAGY	Applicant
v
VICTORIA POLICE	Respondent

---

JUDGE:	Gorton J
WHERE HELD:	Melbourne
DATE OF HEARING:	19 August 2025
DATE OF RULING:	20 August 2025
CASE MAY BE CITED AS:	Re Nagy (Bail Application)
MEDIUM NEUTRAL CITATION:	[2025] VSC 507

---

CRIMINAL LAW – Application for bail – Where alleged offending involves aggravated home invasion with four co-accused – Whether exceptional circumstances test satisfied – Where applicant was 18 years old at time of offending – Where applicant has no criminal history or past failure to comply with bail conditions – Where the applicant has polysubstance abuse issue – Where applicant has secure employment and is commencing vocational studies – Where applicant willing to engage with Youth Justice program if granted bail – Where a grant of bail would allow applicant to receive support services for substance abuse – Where delay would not exceed any sentence of imprisonment imposed if found guilty – Where reliability of admissions made to covert operative challenged – Where there are triable issues – Whether unacceptable risk test satisfied – Whether imposition of conditions may mitigate risk – Bail Act 1977 (Vic), ss 3AAA, 4A, 4E.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms Ashlee Cannon	James Dowsley & Associates Pty Ltd
For the Respondent	Ms Sarah Thomas	Office of Public Prosecutions

HIS HONOUR:

A Background

Mr David Nagy, the applicant, it is alleged, broke into a house on 6 May 2025 with four other people, one of whom was armed with a shotgun and all of whom were wearing gloves and face coverings. It is alleged that they arrived in a stolen car, broke down the front door, and that one of the invaders used the shotgun to threaten an inhabitant of the house. Dissatisfied with the amount of money they obtained from that inhabitant, they broke into the garage where another inhabitant was hiding. Unfortunately for them, that inhabitant had his own shotgun which he pointed at the invaders, who then fled to their stolen car. The inhabitant with the shotgun shot at the car as the invaders drove away, breaking its windscreen. Victoria Police have charged the applicant with aggravated home invasion,[1] theft of a car,[2] possessing an unregistered longarm[3] and possessing cartridge ammunition while unlicensed.[4]
[1]Crimes Act 1958 (Vic) s 77A.
[2]Ibid s 74.
[3]Firearms Act 1996 (Vic) s 7B(2).
[4]Ibid s 124(1).
The material before me suggests that the inhabitants were themselves drug dealers. One of the invaders is said later to have told a covert police operative that they stole half a kilogram of cocaine, three to five ounces of ketamine and $45,000 to $50,000 in cash, and that as well as a shotgun which was pointed at one of the inhabitant’s head, they also had with them 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 Nagy (Bail Application)

Details

AGLC: Re Nagy (Bail Application) [2025] VSC 507
Case: [2025] VSC 507
Decision Date: 20 August 2025

CaseChat Overview and Summary

The applicant in this case, Nagy, applied for bail in relation to charges of aggravated home invasion with four co-accused. The application was heard in the County Court of Victoria. Nagy's application for bail was opposed by the prosecution, who argued that granting bail would not be in the interests of justice given the serious nature of the alleged offending and the risk of reoffending.

The court had to determine whether the exceptional circumstances test under the Bail Act 1977 (Vic) was satisfied and whether the unacceptable risk test was met. The court considered a number of factors, including Nagy's age at the time of the alleged offending, his lack of criminal history, his polysubstance abuse issue, his secure employment and vocational studies, and his willingness to engage with a Youth Justice program if granted bail. The court also considered whether a grant of bail would allow Nagy to receive support services for his substance abuse and whether the delay in the trial would exceed any sentence of imprisonment imposed if he was found guilty.

The court found that the exceptional circumstances test was satisfied, as Nagy's polysubstance abuse issue and his willingness to engage with a Youth Justice program if granted bail were significant factors in his favour. The court also found that the unacceptable risk test was not satisfied, as there were triable issues and the reliability of the admissions made to the covert operative was challenged. The court imposed a number of conditions on the grant of bail, including that Nagy reside at a specified address and that he not consume alcohol or illegal drugs. The court found that these conditions would mitigate the risk of reoffending and that a grant of bail would not be in the interests of justice.

The court granted bail to Nagy, subject to the conditions imposed.

Orders