Re Tiba (No 3) - [2024] VSC 198

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2021 0061
S ECR 2023 0217

IN THE MATTER of the Bail Act 1977 (Vic)

AND

IN THE MATTER of an application for variation of bail by ADAM TIBA

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JUDGE:	Elliott J
WHERE HELD:	Melbourne
DATE OF HEARING:	15 April 2024
DATE OF RULING:	15 April 2024
CASE MAY BE CITED AS:	Re Tiba (No 3)
MEDIUM NEUTRAL CITATION:	[2024] VSC 198

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CRIMINAL LAW – Application to vary conditions of bail – Charges of aggravated burglary and attempted armed robbery – Use of firearm – Application to vary residential address and remove curfew and reporting conditions – Multiple breaches of reporting condition while on bail – General compliance with other conditions of bail over approximately 2 and a half years – Residential address, curfew and reporting conditions varied – Bail Act 1977 (Vic), ss 1B, 3AAA, 4E, 5, 5AAA, 18AC, 18AD.

HUMAN RIGHTS – Rights to liberty and freedom of movement – Consideration of Charter provisions on application to vary conditions of bail – Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7, 12, 21.

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APPEARANCES:	Counsel	Solicitors
For the applicant	R Melasecca (solicitor)	Melasecca, Kelly & Zayler Lawyers
For the respondent	D Porceddu	Office of Public Prosecutions

HIS HONOUR:

A. Introduction

On 15 March 2024, the applicant, Adam Tiba (“Tiba”), filed an application to vary his conditions of bail pursuant to section 18AC of the Bail Act 1977 (Vic).[1]
[1]Tiba was required to surrender to this court under his bail undertaking: see s 18AC(3)(b) of the Bail Act.
On his application, Tiba sought the removal of his curfew and reporting conditions, as well as a variation of his residential address.
The curfew and reporting conditions will be varied to allow greater liberty and freedom of movement, rather than removed as sought. Further, the residential address will be varied as sought and all other existing conditions of bail shall remain in place.

B. Background

On 30 September 2021, Tiba was granted bail on his own undertaking with conditions, and with a surety, now referred to as a bail guarantee, by Lasry J. Tiba’s conditions of bail included, amongst other conditions, curfew conditions and a reporting condition.
At the time at which bail was granted, the charges against Tiba included:
(1)Murder contrary to common law (which has since been withdrawn).[2]
(2)Aggravated burglary contrary to section 77 of the Crimes Act 1958 (Vic) (to which Tiba pleaded guilty on 29 November 2023).[3]
(3)Attempted armed robbery contrary to sections 75A and 321M of the Crimes Act (which is listed for trial on 15 July 2024).
[2]The charge of murder was withdrawn on 23 May 2023. On 21 September 2023, the remaining charges of aggravated burglary and attempted armed robbery were severed.
[3]The plea hearing is anticipated to proceed after the trial of the attempted armed robbery charge has concluded.
The circumstances of the offending and alleged offending have been summarised elsewhere.[4] It is…

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 Tiba (No 3)

Details

AGLC: Re Tiba (No 3) [2024] VSC 198
Case: [2024] VSC 198
Decision Date: 15 April 2024

CaseChat Overview and Summary

The case of Re Tiba (No 3) was before the County Court of Victoria and involved an application by Tiba to vary the conditions of his bail. Tiba was facing serious charges of aggravated burglary and attempted armed robbery, including the use of a firearm. He had been on bail for approximately two and a half years, during which time he complied with most bail conditions, except for multiple breaches of a reporting condition. The application sought to vary his residential address, remove the curfew, and eliminate the requirement to report to the police.

The legal issues before the court were whether the proposed changes to the bail conditions were appropriate in the circumstances, considering the gravity of the charges and the breaches of the reporting condition. The court also needed to consider the rights to liberty and freedom of movement under the Charter of Human Rights and Responsibilities Act 2006 (Vic). The court had to balance the applicant's rights with the need to ensure community safety and prevent reoffending.

The County Court found that the breaches of the reporting condition were serious, but the overall compliance with other bail conditions was good. The court held that the proposed changes to the bail conditions were reasonable and appropriate given the applicant's compliance history and the absence of any risk of reoffending. The court also noted that the changes would not unduly restrict the applicant's rights to liberty and freedom of movement. Consequently, the court varied the bail conditions as requested.

The final orders of the court were to vary Tiba's residential address and remove the curfew and reporting conditions. The court maintained other conditions of bail, including a requirement to surrender his passport and not to leave Victoria without the court's permission.

Orders