| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2019 0239
| IN THE MATTER of the Bail Act 1977 (Vic) |
| and |
| IN THE MATTER of an application for bail by YIANNA POLITIS |
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JUDGE: | ZAMMIT J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 26 November 2019 |
DATE OF JUDGMENT: | 29 November 2019 |
CASE MAY BE CITED AS: | Re Politis |
MEDIUM NEUTRAL CITATION: | [2019] VSC 780 |
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CRIMINAL LAW – Bail – Applicant charged with Schedule 1 offence – Requirement to show exceptional circumstances exist that justify grant of bail – Whether exceptional circumstances shown – Whether an unacceptable risk – Lack of criminal history – Weakness of prosecution case – Exceptional circumstances established – No unacceptable risk – Bail granted – Bail Act 1977, ss 1B, 3AAA, 4A, 4AA, 4D and 4E.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr S Norton | Stary Norton Halphen Lawyers |
| For the Respondent | Ms H Baxter | Office of Public Prosecutions |
HER HONOUR:
Introduction
On 29 October 2019, Yianna Politis (‘the applicant’) was arrested and charged with:
(a) trafficking in a drug of dependence in not less than a commercial quantity pursuant to s 71AA of the Drugs, Poisons and Controlled Substances Act 1981; and
(b) possession of a drug of dependence pursuant to s 73 of the Drugs, Poisons and Controlled Substances Act 1981.
The applicant has been in custody since her arrest. On the night of her arrest, the applicant applied for bail in night court before Magistrate Lamble, where bail was refused. On 30 October 2019, the applicant appeared before Magistrate Clifford at the Melbourne Magistrates’ Court. She made a further application for bail which was again refused. The matter is next listed for a mention on 19 December 2019 at the Melbourne Magistrates’ Court.
By notice filed on 8 November 2019, the applicant seeks a grant of bail in this Court. As the applicant is charged with trafficking in a drug of dependence in not less than a commercial quantity, bail must be refused unless she can satisfy the Court that exceptional circumstances exist which justify the grant of bail.[1]
[1]Bail Act 1977 sch 1, item 6(b) (‘Bail Act’).
The respondent does not oppose bail and submits that any risk could be made acceptable with appropriate bail conditions.
The alleged offending
On Monday, 28 October 2019 at approximately 10:38pm, the police intercepted a BMW SUV, which was travelling west on Williamstown Road in Port Melbourne. Thomas Garrard was driving the vehicle, the applicant was the front passenger, and Anthony Aucello was the rear left passenger.
Detective Senior Constable Murray Gentner searched the vehicle and seized, among other things, the following items:
(a) a box of ‘Fiji’ water containing 10 x 1 litre unsealed bottles of clear viscous liquid, alleged to be 1,4 Butanediol; and
(b) 1 x Cool Ridge water bottle (1/5th full) containing a viscous liquid alleged to be 1,4 Butanediol.
After the police established that the parties had been…
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- AGLC
- Re Politis [2019] VSC 780
- Case
- [2019] VSC 780
- Decision Date
CaseChat Overview and Summary
The court found that Politis had established exceptional circumstances, taking into account his lack of criminal history and the weaknesses in the prosecution's case. The court was satisfied that there was no unacceptable risk of reoffending or interference with witnesses or the administration of justice. Consequently, the appeal against the refusal of bail was allowed, and Politis was granted bail. The court concluded that the balance of considerations favoured the grant of bail, despite the serious nature of the charges.
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
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Ratio Decidendi
Legal Principle Established
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