Re Price (No 2) - [2022] VSC 441

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0361

IN THE MATTER OF the Bail Act 1977

- and –

IN THE MATTER OF an application for bail by Andrew James PRICE

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JUDGE:	LASRY J
WHERE HELD:	Melbourne
DATE OF HEARING:	14 July 2022
DATE OF ORDER:	14 July 2022
DATE OF REASONS:	5 August 2022
CASE MAY BE CITED AS:	Re Price (No 2)
MEDIUM NEUTRAL CITATION:	[2022] VSC 441

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CRIMINAL LAW – Application for bail – Charges of murder and non-prohibited person possess firearm – Exceptional circumstances established – Delay – Applicant diagnosed with leukemia while in custody – Parity with co-accused – Unacceptable risk mitigated by the imposition of bail conditions – Surety – Bail granted – Bail Act 1977 (Vic) ss 1B(2), 4AA(1), 4A(1A), 4A(2), 4A(3), 4D(1)(a), 4E(2), 4E(3), schedule 1, item 2.

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APPEARANCES:

Counsel

Solicitors

For the Applicant

Mr T Marsh

Marshall Jovanovska

Ralph Criminal Lawyers

For the Respondent

Ms B Goding

Office of Public Prosecutions

HIS HONOUR:

This is an application for bail by Andrew James Price. He seeks bail in relation to the charges in two indictments filed in this court. The first indictment, filed on 8 March of this year, contains one charge of murder.[1] The second indictment, filed on 8 March this year also, contains two charges of non-prohibited person possessing unregistered Category A or B longarm.[2]
[1]Contrary to common law.
[2]Contrary to s 6A of the Firearms Act 1996 (Vic).

Mr Price was charged by the informant, Detective Acting Sergeant Bree Blair, on 21 October 2020. He was arrested and remanded in custody. He was committed to stand trial in this court on 6 December 2021. On 19 January 2021 the applicant applied for bail in this court before Coghlan JA and on 3 February 2021 His Honour refused the application.[3]
[3]See Re application for bail by Price [2021] VSC 31 (Coghlan JA).

There are two co-accused in relation to the murder charge. The first is Samantha Guillerme, who was 26 years of age. She was granted bail by Coghlan JA on 16 September 2021.[4] The other co-accused is Jake Brown, who is aged 30. He is presently on remand and has not yet made an application for bail.[5] Both co-accused have some criminal history,[6] and Brown and Guillerme were in a relationship at the time that this offending is alleged to have occurred.
[4]See Re Guillerme [2021] VSC 883 (Coghlan JA).
[5]Mr Brown subsequently filed an application for bail to this Court on 19 July 2022.
[6]Mr Brown’s criminal history includes convictions for reckless conduct endangering serious injury, committing an indictable offence whilst on bail, contravening a family violence intervention order, assault, criminal damage, aggravated cruelty to an animal, drugs and weapons possession, and driving and dishonesty offences. Ms Guillerme’s criminal history includes convictions for trafficking in, possessing and using drugs of dependence, contravening a CCO, and dishonesty offences.

This matter has several dates fixed for hearings before…

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 Price (No 2)

Details

AGLC: Re Price (No 2) [2022] VSC 441
Case: [2022] VSC 441
Decision Date: 5 August 2022

CaseChat Overview and Summary

In the matter of Re Price, the applicant faced charges of murder and possessing a firearm when not a prohibited person. The application for bail was heard in the County Court of Victoria. The primary issue before the court was whether exceptional circumstances existed to warrant the granting of bail, despite the seriousness of the charges. The court also had to consider the impact of the applicant's diagnosis of leukemia while in custody and the principle of parity with the co-accused, who had already been granted bail.

The court examined the exceptional circumstances under the Bail Act 1977 (Vic), focusing on the applicant's health condition and the potential for prejudice due to delay. The applicant's diagnosis of leukemia was deemed a significant factor, as it posed a serious health risk in the custodial environment. The court also considered the principle of parity, ensuring that similar treatment was given to co-accused who had been granted bail. The risk of unacceptable prejudice was deemed to be mitigated by the imposition of appropriate bail conditions.

Having found exceptional circumstances in the form of the applicant's health condition and the need for parity with the co-accused, the court granted bail. The court was satisfied that the risk of unacceptable prejudice could be managed through specific bail conditions, including the requirement for a surety. The court considered the seriousness of the charges but balanced these against the exceptional circumstances presented.

The final orders included the release of the applicant on bail, subject to conditions including the provision of a surety and other specified conditions aimed at ensuring the applicant's compliance with the terms of bail.

Orders