JUDGE:	TAYLOR J
WHERE HELD:	Melbourne
DATE OF HEARING:	18 September 2020
DATE OF JUDGMENT:	28 September 2020
CASE MAY BE CITED AS:	Re Whitfield
MEDIUM NEUTRAL CITATION:	[2020] VSC 632

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CRIMINAL LAW – Application for bail – Accused charged with statutory murder and armed robbery – Whether exceptional circumstances exist – Whether accused is an unacceptable risk – Identification of foundational offence for statutory murder – Issue as to causation of death – Strength of prosecution case – Unusual combination of personal circumstances – Bail granted on strict conditions.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr N Hutton	Office of Public Prosecutions
For the Accused	Mr R Nathwani	Lewenberg & Lewenberg Solicitors

HER HONOUR:

On 6 August 2020 Denaye Bronwyn Whitfield, the applicant, was remanded in custody after being charged with murder and armed robbery.

On 7 September 2020 she gave notice of intention to make an application for bail in this Court. That application was heard on 18 September 2020.

For the reasons that follow bail is granted on the terms and conditions delineated in paragraph [65] below.

Summary of allegations

Bradley Crawford, the deceased, lived in a caravan parked in the driveway of his mother’s home at a house in Borg Crescent, Scoresby. From there he trafficked a variety of drugs including cannabis, methylamphetamine and cocaine.

The applicant was introduced to the deceased in June 2019. Over the next three to four months she attended at the caravan to purchase drugs on about 10 occasions.

The applicant met Benjamin Nagy in July 2019. During a conversation between them in September 2019, the applicant told Nagy that she had been buying methylamphetamine from the deceased. During a further conversation between them on 13 September 2019, Nagy asked the applicant if she knew of the quantity of drugs and cash kept by the deceased in his caravan. The applicant told Nagy that she owed money to the deceased, to which Nagy said words to the effect ‘fuck him, don’t pay him’. Nagy also said that he wanted to go to the caravan and asked where it was.

The applicant later told police that she became uncomfortable during this conversation as she believed that Nagy intended to ‘rip off’ the deceased.

At about 3.52am on 15 September 2019, the applicant and Nagy exchanged text messages. The applicant wrote to Nagy ‘we need to do this job like now’. They arranged to meet.

At about 4.41am that day, CCTV footage from the Aria Hotel in Southbank shows Nagy driving from the hotel in a Mazda utility with two passengers, Jake Oldis and Tomas Cugurno-Pfabe. Prior to leaving the hotel carpark, Nagy is captured on that footage retrieving a pair of work gloves from the rear tray of the utility, where a…

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 Whitfield

Details

AGLC: Re Whitfield [2020] VSC 0632
Case: [2020] VSC 632
Decision Date: 01/01/2002

CaseChat Overview and Summary

In the matter of Re Whitfield, the applicant, facing charges of statutory murder and armed robbery, sought bail in the relevant Australian court. The central issue was whether exceptional circumstances existed to warrant the granting of bail, and whether the accused posed an unacceptable risk to the community or to any individual if released on bail. Additionally, the court had to determine the foundational offence for the statutory murder charge and resolve the question of causation regarding the death.

The legal issues encompassed the interpretation of statutory murder provisions, the evaluation of the strength of the prosecution's case, and the assessment of the applicant's personal circumstances. The court considered the seriousness of the alleged offences, the potential for flight risk, and the likelihood of the applicant reoffending if released. The foundational offence for the statutory murder charge required identification, and the court had to ascertain whether the death was a direct result of the accused's actions or if intervening factors existed.

The court concluded that exceptional circumstances did exist, primarily due to the unusual combination of the applicant's personal circumstances and the strength of the evidence presented. It was determined that the applicant was not an unacceptable risk to the community or any individual, provided strict bail conditions were imposed. The foundational offence for the statutory murder was identified, and while the causation issue was complex, the court found sufficient evidence to support the prosecution's case. Consequently, the court granted bail on strict conditions to ensure compliance and mitigate any potential risk to public safety.

Orders