Re Pulefolau

[2022] VSC 266

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2022 0101

IN THE MATTER of the Bail Act 1977 (Vic)

and

IN THE MATTER of an application for bail by JAMES PULEFOLAU

---

JUDGE:	Champion J
WHERE HELD:	Melbourne
DATE OF HEARING:	11 May 2022
DATE OF JUDGMENT:	19 May 2022
CASE MAY BE CITED AS:	Re Pulefolau
MEDIUM NEUTRAL CITATION:	[2022] VSC 266

---

CRIMINAL LAW — Application for bail — Applicant charged with multiple weapons, violence, theft, drugs and driving offences — Strength of prosecution cases – Delay – Exceptional circumstances not found— Unacceptable risk — Bail refused — Bail Act 1977 (Vic) ss 1B, 3AAA, 4AA, 4A, 4D, 4E.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Veronika Drago	Leanne Warren
For the Respondent	James Kibel	Victoria Police

HIS HONOUR:

Introduction

1. By application dated 22 April 2022 James Pulefolau (the ‘applicant’), seeks an order for a grant of bail in respect of the four matters outlined below.

1. On 30 November 2017, the applicant was charged on summons by Senior Constable Williams (‘the Williams matters’) with offences alleged to have occurred on 24 September 2017, as follows:

·recklessly causing injury; and

·unlawful assault.

1. On 14 June 2020, the applicant was charged on summons by Senior Constable Jane Neil (‘the Neil matters’) with offences alleged to have occurred on 14 June 2020, as follows:

·unlicensed driving;

·driving while exceeding PCA; and

·driving while exceeding PCA within three hours of driving.

1. On 25 February 2021, the applicant was charged and bailed by Senior Constable Luke Haas (‘the Haas matters’) with offences alleged to have occurred on that day, as follows:

·possessing drug of dependence, namely methylamphetamine;

·handling stolen goods, namely a firearms licence;

·possessing a controlled weapon;

·unlicensed driving;

·driving an unregistered motor vehicle;

·affixing false registration plates; and

·committing an indictable offence while on bail.

1. On 23 March 2022, the applicant was arrested and charged by Senior Constable Breanna Krause (‘the Krause matters’) with offences alleged to have occurred on 13 and 23 March 2022, as follows:

·affray;

·theft of vehicle keys, an Adidas bag and money of an unknown value;

·intentionally causing injury;

·recklessly causing injury;

·being armed with a firearm with criminal intent;

·possess a handgun without a licence (two charges);

·possessing an unregistered handgun;

·possessing a firearm without a licence and store said firearm in an insecure manner;

·possessing cartridge ammunition without a licence;

·possessing a prohibited weapon without exemption, namely a machete;

·possessing a Schedule 4 poison without authorisation or licence;

·possessing a drug of dependence, namely methylamphetamine;

·possessing a drug of dependence, namely cannabis;

·possessing a drug of dependence, namely cocaine;

·retention of stolen goods, namely a Medicare card;

·failing to provide to police with the passcode to his mobile phone;

·committing an indictable offence whilst on bail (three charges); and

·contravention of a conduct condition of bail (two charges).

1. At the time of committing the Krause matters, the applicant was on bail for the Williams, Neil and Haas matters,…