Re Sidi - [2021] VSC 759

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0287

IN THE MATTER of the Bail Act 1977 (Vic)

- and –

IN THE MATTER of an application for bail by Sidi SIDI

---

JUDGE:	Lasry J
WHERE HELD:	Melbourne
DATE OF HEARING:	12 November 2021
DATE OF JUDGMENT:	12 November 2021
DATE OF REVISED REASONS:	18 November 2021
CASE MAY BE CITED AS:	Re Sidi
MEDIUM NEUTRAL CITATION:	[2021] VSC 759

---

CRIMINAL LAW — Application for bail — Charges of armed robbery, recklessly causing injury, assault, obtaining financial advantage and property by deception and possessing cannabis — Alleged offending occurred while applicant on parole and on bail for other matters — Delay – Applicant’s youth — Exceptional circumstances established — Unacceptable risk not demonstrated — Bail granted with conditions — Bail Act 1977 (Vic) s 1B, s 3AAA, s 4AA, s 4A, s 4D, s 4E; Criminal Procedure Act 2009 (Vic) s 333.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr Daniel McGlone	Emma Turnbull Lawyers
For the Respondent	Ms Georgia McMaster	Office of Public Prosecutions

HIS HONOUR:

Introduction

This is an application for bail by Sidi Sidi (aka Shehke) (‘the applicant’). He is 21 years old and has been on remand since 3 February 2021, a little over nine months at the time of this application, when he was arrested and charged with the following 14 charges brought by Detective Senior Constable Monica Allen (‘the informant Allen matter’):

(a) armed robbery (4 counts);[1]
[1]Contrary to s 75A of the Crimes Act 1958 (Vic).

(b) commit indictable offence whilst on bail (2 counts);[2]
[2]Contrary to s 30B of the Bail Act 1977 (Vic).

(c) recklessly causing injury;[3]
[3]Contrary to s 18 of the Crimes Act 1958 (Vic).

(d) unlawful assault;[4]
[4]Contrary to s 23 of the Summary Offences Act 1966 (Vic).

(e) obtain financial advantage by deception (2 counts);[5]
[5]Contrary to s 82 of the Crimes Act 1958 (Vic).

(f) obtain property by deception;[6]
[6]Contrary to s 81 of the Crimes Act 1958 (Vic).

(g) attempt to obtain financial advantage by deception;[7]

(h) attempted armed robbery;[8] and

(i) possessing cannabis.[9]

[7]Contrary to s 321M of the Crimes Act 1958 (Vic).

[8]Ibid.

[9]Contrary to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

The applicant applied for and was refused bail in the Melbourne Magistrates’ Court on 11 October 2021 on the basis that he had failed to establish exceptional circumstances justifying the grant of bail.

This matter is next listed for a directions hearing in the Melbourne County Court on 4 February 2022.

The alleged offending

The prosecution allege the applicant and an unknown co-offender were involved in five separate incidents on 3 February 2021 involving six complainants, all of whom were unknown to the offenders.

Incident 1

At 1:00am, HM and LA were approached at the intersection of Haines and Errol Streets in North Melbourne by the applicant and a co-offender. The applicant is alleged to have grabbed…

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 Sidi

Details

AGLC: Re Sidi [2021] VSC 759
Case: [2021] VSC 759
Decision Date: 12 November 2021

CaseChat Overview and Summary

In the County Court of Victoria, the applicant, Sidi, applied for bail while facing charges of armed robbery, recklessly causing injury, assault, obtaining financial advantage and property by deception, and possessing cannabis. The alleged offending occurred while the applicant was on parole and on bail for other matters. The court was required to determine whether Sidi was eligible for bail under the Bail Act 1977 (Vic) and whether exceptional circumstances existed that warranted bail.

The legal issues centred around the applicant's age, the nature of the charges, and the risk of reoffending. The court considered the seriousness of the charges and the potential risk to the community if Sidi were to be released on bail. The court also had to assess whether exceptional circumstances existed that warranted bail, such as the applicant's youth, and whether the unacceptable risk criterion had been met. The applicant's prior bail conditions and parole status were also considered.

The court found that Sidi's youth and the exceptional circumstances of the case warranted the grant of bail. While the charges were serious, the court did not find that an unacceptable risk to the community had been demonstrated. The court imposed specific bail conditions to mitigate the risk of reoffending and ensure community safety. The court's decision was based on a careful consideration of the relevant statutory provisions and the circumstances of the case.

The final orders of the court were that Sidi be granted bail with conditions. The conditions included that Sidi reside at a specified address, observe a curfew, report to a bail justice or police on a regular basis, and refrain from contacting certain individuals. The court also ordered that Sidi refrain from possessing or using any controlled substances, including cannabis.

Orders