Re Ss (Bail Application) - [2025] VSC 411

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2025 0014

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an application for bail by SS

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JUDGE:	Gorton J
WHERE HELD:	Melbourne
DATES OF HEARING:	1, 2 and 8 July 2025
DATE OF RULING:	11 July 2025
CASE MAY BE CITED AS:	Re SS (Bail Application) (First Revision)
MEDIUM NEUTRAL CITATION:	[2025] VSC 411

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CRIMINAL LAW – Application for bail for offences involving violence - Where applicant has extensive criminal history, is subject to supervision order under Serious Offenders Act 2018 and is alleged to have committed Schedule 2 offences while on bail for another Schedule 2 offence – Whether applicant has significant medical issues that cannot adequately be treated in custody – Whether definition of ‘vulnerable adult’ is relevant to statutory tests – Where applicant has not meaningfully engaged in treatment programs and counselling offered – Where applicant’s access to public housing is at risk – Where applicant’s relationship with partner is not a protective factor – Where psychiatric opinion that applicant poses an ongoing risk of breaching conditions, acting impulsively, and being aggressive and violent – Where not likely period of remand would exceed any term of imprisonment imposed – Exceptional circumstances not established – Unacceptable risk of applicant committing further Schedule 1 or Schedule 2 offences or endangering public – Application for bail refused – Bail Act 1977 (Vic) ss 3AAAA, 3AAA, 4A, 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr Daniel McGlone	Victoria Legal Aid
For the Respondent	Ms Ruth Champion	Office of Public Prosecutions

Contents

A. Introduction

B. The events of 29 February 2024 – alleged threats to kill

C. The events of 26 and 27 January 2025 – attempted aggravated carjacking and assault

D. Other charge in respect of which bail is sought

E. The applicant’s criminal history

F. The charges in respect of which the applicant has been granted bail

G. Should bail be granted?

G.1         The evidence
G.2         Exceptional circumstances
G.3         An unacceptable risk?

H. Disposition

HIS HONOUR:

A. Introduction

The applicant, SS,[1] who was on a supervision order under the Serious Offenders Act 2018, was arrested on 27 January 2025 and charged with offences that are alleged to have taken place on 26 January 2025 and 27 January 2025. Having been refused bail by the Magistrates’ Court, he has now applied for bail to this Court.

B. The events of 29 February 2024 – alleged threats to kill

[1]In accordance with an earlier order of this Court, a pseudonym is used in these reasons.

It is a condition of the applicant’s supervision order that he submit to urinalysis when required to do so (subject to there being reasonable grounds for that request). On 23 February 2024, the applicant was required to submit to urinalysis testing. The applicant attended, but, it is alleged, refused to provide a sample when he was told that the sample would be tested also…

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 Ss (Bail Application)

Details

AGLC: Re Ss (Bail Application) [2025] VSC 411
Case: [2025] VSC 411
Decision Date: 11 July 2025

CaseChat Overview and Summary

The case involved an application for bail in the County Court of Victoria. The applicant had a significant criminal history and was subject to a supervision order under the Serious Offenders Act 2018. They were alleged to have committed serious offences while on bail for another serious offence. The primary legal issue was whether the applicant qualified for bail under the Bail Act 1977 (Vic), considering their extensive criminal history, alleged ongoing risk of violence, and other factors.

The court examined whether the applicant’s medical issues were such that they could not be adequately treated in custody, a critical aspect of the bail determination. It also considered the definition of a ‘vulnerable adult’ and its relevance to the statutory tests for bail. The court noted the applicant’s lack of meaningful engagement in treatment programs and counselling offered, as well as the risk to their access to public housing. The applicant’s relationship with their partner was not deemed a protective factor. Additionally, a psychiatric opinion highlighted the applicant’s ongoing risk of breaching bail conditions, impulsive behaviour, and potential for aggression and violence. The court concluded that the risk of the applicant committing further serious offences or endangering the public was unacceptable.

The court found that the exceptional circumstances necessary to grant bail were not established. The risk of reoffending and the potential harm to the public were too high. Therefore, the application for bail was refused under sections 3AAAA, 3AAA, 4A, and 4E of the Bail Act 1977 (Vic). The final orders of the court were that the applicant remain in custody pending the outcome of the criminal proceedings.

Orders