| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 0001 of 2012
IN THE MATTER of the Bail Act1977 (Vic)
and
IN THE MATTER of an Application for Bail by ROBERT ARTHUR MEADE
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JUDGE: | ALMOND J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 January 2012 | |
DATE OF RULING: | 27 January 2012 | |
CASE MAY BE CITED AS: | Re Robert Arthur Meade | |
MEDIUM NEUTRAL CITATION: | [2012] VSC 11 | Amended 30 January 2012 |
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CRIMINAL LAW – Bail – Charge of murder – Whether exceptional circumstances exist – Family situation – Potential delay - Strength of the Crown case – Bail refused.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D. Gurvich | Slades & Parsons Solicitors |
| For the Respondent | Mr R. Gibson | Solicitor for the Office of Public Prosecutions |
HIS HONOUR:
On 13 September 2011, the applicant Robert Arthur Meade was arrested and charged with the murder of his former wife Sally Brooks. He was remanded in custody on that day and is presently held at the Melbourne Remand Centre. The applicant has not previously made an application for bail.
The general rule that a person accused of an offence and being held in custody in relation to that offence shall be granted bail does not apply in the case of a person charged with murder.[1]
[1]Bail Act 1977 ss 4(1) and 4(2)(a).
Bail shall not be granted to a person charged with murder unless the Court is satisfied that exceptional circumstances exist that justify the making of such an order.[2] If the applicant is able to establish that exceptional circumstances exist, the Court should grant bail unless it is satisfied that there is an unacceptable risk.[3]
The Crown opposes the application for bail, contending first that the applicant does not establish that exceptional circumstances exist and secondly, that there is an unacceptable risk that the applicant would interfere with witnesses or otherwise obstruct the course of justice if he were granted bail.
Circumstances of the alleged offence
In summary, the Crown case is that on 28 June 2011 the applicant travelled from his home in South Australia to Molesworth in Victoria where he had arranged accommodation for a three night stay at the Molesworth Hotel. The applicant stayed at the hotel on 28, 29 and 30 June 2011.
It is alleged that very early in the morning of 1 July 2011, the applicant left the hotel, drove to the Donvale area, and parked his vehicle near the home of his former wife who resided at 11 Limassol Court, Donvale. While the deceased was absent from the home dropping off children at their primary school and leaving her vehicle at a car repair shop, the applicant entered the Limassol Court property from the rear, gained entry to the house and then waited for the deceased to return home. Some time around 9.10am the deceased returned to 11 Limassol Court and entered the house by…
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- AGLC
- Re Robert Arthur Meade [2012] VSC 11
- Case
- [2012] VSC 11
- Decision Date
CaseChat Overview and Summary
The court had to determine if there were exceptional circumstances that would justify granting bail to the applicant, considering factors such as the seriousness of the offence, the strength of the evidence against the applicant, the potential impact on the community, and the applicant's family situation and ties to the community. The court also had to weigh the risk of flight if the applicant were released on bail against the potential for prejudice to the trial process.
After carefully considering the evidence and arguments presented by both parties, the court found that the applicant's release on bail would not be in the interests of justice. The court emphasised the seriousness of the charge, the strength of the Crown's case, and the potential for prejudice if the applicant were released. The court concluded that the exceptional circumstances necessary for granting bail were not present in this case. Consequently, the court refused the application for bail, and the applicant remained in custody.
Orders
Orders of the court
The application for bail will be refused.
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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