Re Williams - [2018] VSC 76

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S CR 2018 0014

IN THE MATTER of the Bail Act 1977

and

IN THE MATTER of an Application for bail by DALE DAVID WILLIAMS

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JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	21 February 2018
DATE OF JUDGMENT:	23 February 2018
CASE MAY BE CITED AS:	Re Williams
MEDIUM NEUTRAL CITATION:	[2018] VSC 76

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CRIMINAL LAW – Bail – Appeal against refusal – Recklessly causing injury and unlawful assault – Contravening a family violence intervention order – Whether applicant shows cause – Whether applicant poses unacceptable risk – Bail refused – Bail Act 1977 s 4(4).

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr M Tovey QC	Grigor Lawyers
For the Respondent	Mr N Moran	Victoria Police

HIS HONOUR:

Overview

On 14 November 2017, the applicant Dale Williams was arrested and charged by police with offences relating to a series of family violence incidents alleged to have occurred in 2017. Subsequently, he was charged with further offending relating to a family violence incident alleged to have occurred in 2013.

The complainant in all the matters before the Court is Ms Brooke Rushby, who has been in a relationship with the applicant for approximately ten years. There are two children from that relationship, and another child from a previous relationship of Ms Rushby, within the family’s constellation.

Procedural history of the matter

At the time of the alleged offending on 2 November 2017, the applicant was the subject of an interim Family Violence Intervention Order, granted by the Frankston Magistrate’s Court on 4 October 2017 and served on the applicant on 12 October 2017. Ms Rushby was listed as the affected family member. On 30 November 2017, the applicant consented without admission to a final no–contact intervention order, where the complainant and her three children were listed as affected family members.

On 15 November 2017, being the day following his arrest, the applicant applied to the Moorabbin Magistrates’ Court for a grant of bail with respect to all the charges he faces. Having adjourned part-heard, the application was ultimately refused on 30 November 2017 on the basis that the applicant had not shown cause, and was at an unacceptable risk of committing further offences while on bail, endangering the safety and welfare of members of the public and interfering with witnesses. The applicant was remanded to the Magistrates’ Court on 11 January 2018, on which day no further application for bail was made. He was again remanded to the Moorabbin Magistrates’ Court for the matters to be heard as a contested fixture on 18 June 2018.

The applicant now applies to this Court for an order granting bail.

Charges before the Court

In chronological sequence, the charges before the Court involve allegations of a family violence nature alleged to have occurred in October 2013; August 2017; and November 2017.

On 13 October 2013, the applicant is alleged to have intentionally caused injury and recklessly caused…

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 Williams

Details

AGLC: Re Williams [2018] VSC 76
Case: [2018] VSC 76
Decision Date: 23 February 2018

CaseChat Overview and Summary

In the matter of Re Williams, the appellant sought to appeal the decision of the lower court to refuse bail. The appellant had been charged with recklessly causing injury, unlawful assault, and breaching a family violence intervention order. The case was heard in the court of appeal, which needed to determine whether the appellant had shown sufficient cause for the appeal and whether the appellant posed an unacceptable risk to the community if granted bail. The court also considered the principles outlined in the Bail Act 1977.

The primary legal issues the court had to address were whether the appellant had demonstrated that there were grounds for an appeal against the lower court's decision, and whether the appellant posed an unacceptable risk to the community if granted bail. The court examined the appellant's criminal history, the severity of the alleged offences, and the potential risk the appellant might pose to the community and the complainant if released on bail.

In its decision, the court found that the appellant had not demonstrated sufficient cause to warrant an appeal against the lower court's decision. The court noted that the appellant had a history of violent offending, including family violence, and that the alleged offences were of a serious nature. The court concluded that the appellant posed an unacceptable risk to the complainant and the community, given the nature of the charges and the appellant's history of violence. As a result, the appeal was dismissed, and the lower court's decision to refuse bail was upheld. The court's decision was in accordance with section 4(4) of the Bail Act 1977, which allows for the refusal of bail if it is deemed necessary to protect the safety of the community or a victim of the alleged offence.

Orders