Re Tiba (No 2)

Case [2021] VSC 716


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECI 2021 0061

IN THE MATTER of the Bail Act 1977
- and –
IN THE MATTER of an application for bail by ADAM TIBA

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JUDGE:

Lasry J

WHERE HELD:

Melbourne

DATE OF HEARING:

30 September 2021

DATE OF JUDGMENT:

30 September 2021

DATE OF REVISED REASONS:

29 October 2021

CASE MAY BE CITED AS:

Re Tiba (No 2)

MEDIUM NEUTRAL CITATION:

[2021] VSC 716

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CRIMINAL LAW — Application for bail — Charges of murder, attempted armed robbery and possessing a handgun without a licence — New facts and circumstances — Strength of the prosecution case — Parity — Effect of COVID-19 on courts and applicant — Youth — Lack of relevant prior convictions — Bail support services arranged — Surety — Exceptional circumstances established — Unacceptable risk not demonstrated — Bail granted with conditions — Bail Act 1977 (Vic) ss 1B, 3AAA, 4A, 4D, 4E, 18AA, 18; Criminal Procedure Act 2009 (Vic) s 198B — Cases cited: Re Tiba [2021] VSC 429; Re Foxwell (No 2) [2014] VSC 145; Re Abdulrahim [2017] VSC 411; Re Al-Jinavo [2017] VSC 413; Re Mongan (No 2) [2019] VSC 119; Mokbel v DPP [2002] VSC 127; DPP (Cth) v Barbaro [2009] VSC 27; Re Brown [2019] VSC 751; Roberts v The Queen [2021] VSCA 28; Re MJ [2021] VSC 592; Re Oldis [2020] VSC 769; Re: an application by Fadi Haddara [2014] VSC 284; Re Chew [2021] VSC 265; DPP (Cth) v Stephen Zade Abbott [1997] VSC 45; Bchinnati v Director of Public Prosecutions (Vic) (No 2) [2017] VSC 620; Worboyes v The Queen [2021] VSCA 169.

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APPEARANCES:

Counsel Solicitors
For the Applicant Mr Dermot Dann QC Melasecca Kelly & Zayler
For the Respondent Ms Francesca Holmes The Office of Public Prosecutions

HIS HONOUR:

  1. This is a further application for bail by Adam Tiba (the ‘applicant’).  He was previously refused bail by Coghlan JA on 6 July 2021, on the basis that he had failed to establish exceptional circumstances that would justify the grant of bail.  His Honour also concluded that if the applicant was granted bail he would be an unacceptable risk of committing an offence or interfering with a witness.[1]

    [1]Re Tiba [2021] VSC 429 [40]-[43] (Coghlan JA).

  1. His Honour indicated at the conclusion of the hearing, having announced that bail would be refused, that the applicant’s position might be able to be reviewed depending on the outcome of preliminary hearings under s 198B of the Criminal Procedure Act 2009 (Vic) (‘s 198B hearings’), which were, at that time, yet to be conducted.[2] 

    [2]Ibid [44].

  1. Between 21 and 23 September 2021, the s 198B hearings proceeded before me. In those hearings a number of witnesses were called to give evidence including several of the witnesses on whom the prosecution may rely to establish that the applicant was the…

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Re Tiba (No 2) [2021] VSC 716
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CaseChat Overview and Summary

The Supreme Court of Victoria was asked to decide on an application for bail from a young man, Tiba, who faced serious charges, including murder, attempted armed robbery and possessing a handgun without a licence. The case was heard by Justice Byrne, building on an earlier decision by the court. The legal issues the court had to determine were whether there were exceptional circumstances warranting bail, and if the risk to the community was acceptable. The court considered the strength of the prosecution case, the impact of COVID-19 on the proceedings and the applicant, and whether the applicant could be adequately supervised and supported if released on bail. Justice Byrne concluded that exceptional circumstances were indeed present, given the applicant's age, lack of prior convictions, and the support services available to him. The risk to the community was deemed acceptable, and bail was granted with specific conditions.

The court examined the evidence presented, including the new facts and circumstances since the previous bail application. It considered the arguments about the strength of the prosecution case and whether the applicant was likely to be found guilty. The court also weighed the effect of COVID-19 on the proceedings and the applicant, as well as the availability of bail support services. The applicant's youth, lack of relevant prior convictions, and the presence of a surety were all factors in the court's decision. The court found that the exceptional circumstances outweighed the risk to the community, and that the applicant could be adequately supervised and supported if released on bail. Therefore, the application for bail was successful, and specific conditions were imposed to ensure the safety of the community and the proper conduct of the applicant.

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