Turner v Lill - [2020] VSC 812

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2020 0313

IN THE MATTER of the Bail Act 1977 (Vic)
-and-
IN THE MATTER of an application for bail
Between:
KANE TURNER (aka JUSTIN WILLIAMS)	Applicant
-and-
LEADING SENIOR CONSTABLE KEITH LILL	Respondent

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JUDGE:	Croucher J
WHERE HELD:	Melbourne
DATE OF HEARING:	30 November 2020
DATE OF JUDGMENT:	30 November 2020
CASE MAY BE CITED AS:	Turner v Lill
MEDIUM NEUTRAL CITATION:	[2020] VSC 812

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CRIMINAL LAW — Application for bail — Applicant, aged 37, charged with dishonesty offences, including counterfeiting, driving offences and committing indictable offence on bail — Other outstanding charges for similar offending — Bail refused by Magistrates’ Court — In custody for two-and-a-half months — Criminal history for similar offences, including contravention of court orders — Bed available for applicant at Odyssey House for long-term residential rehabilitation programme — Evidence from senior drug and alcohol clinician that applicant displays positive attitude to, and appreciation of, the rigours of residential rehabilitation — Whether compelling reasons justifying bail — Whether unacceptable risk of offending on bail — Bail granted to Odyssey House on own undertaking with conditions — Bail Act 1977 (Vic), ss 3AAA, 4C, 4D, 4E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr J Barreiro	Criminal Lawyers Geelong
For the Respondent	Mr A Albore	Victoria Police, Legal Practice Group

HIS HONOUR:

Overview

On 18 September 2020, Kane Turner[1] was arrested and charged with numerous dishonesty offences, including using counterfeit money, and some driving and bail offences. He also faces other outstanding charges of a similar nature. In his 20s, he led a relatively conventional life, with a good job as a tradesman. For the last seven years or so, however, Mr Turner has struggled with a cycle of methamphetamine addiction, criminal offending, and community-based dispositions or imprisonment.
[1]Mr Turner is also known as Justin Williams.

This morning, I heard his application for bail. I ordered that he be bailed, on Wednesday, to a residential drug rehabilitation programme at Odyssey House. I was satisfied that he had established compelling reasons justifying bail, principally because of his preparedness to undertake intensive residential treatment in circumstances where his drug addiction was the principal cause of his criminal offending. Further, I was unpersuaded that there was an unacceptable risk that he would offend on bail or that he would fail to appear at court, particularly given the powerful incentive he has to comply with the strict conditions of his programme at Odyssey and the other conditions of bail that I fixed.

In short, I have determined that, instead of leaving him in custody at this point, it is preferable to allow Mr Turner to be on bail in order to pursue an important opportunity to do something positive in an attempt to recover and rehabilitate. In this way, I think there is, in the longer term, a better prospect of “maximising the safety of the community and persons affected by crime to the…

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 Turner v Lill

Details

AGLC: Turner v Lill [2020] VSC 812
Case: [2020] VSC 812
Decision Date: 30 November 2020

CaseChat Overview and Summary

Turner sought bail in the Magistrates’ Court, which had previously refused his application. Turner, 37 years of age, is facing charges of dishonesty offences including counterfeiting, driving offences and committing an indictable offence while on bail. Turner has additional outstanding charges for similar offending. Turner had been in custody for two-and-a-half months at the time of the hearing. Turner has a criminal history of similar offences and had contravened court orders in the past. Evidence was presented from a senior drug and alcohol clinician who was of the opinion that Turner displayed a positive attitude to, and an appreciation of, the rigours of residential rehabilitation. A bed was available for Turner at Odyssey House for a long-term residential rehabilitation programme.

The legal issues for the court to decide were whether there were compelling reasons to justify bail and whether Turner presented an unacceptable risk of offending on bail. The court had to consider Turner’s age, his criminal history, the nature and seriousness of the offences with which he was charged, the circumstances in which he committed the offences, and his suitability for a bail programme. The court also had to consider Turner’s prospects of rehabilitation and the risk of re-offending if bail was granted. The court considered Turner’s positive attitude towards rehabilitation and the availability of a bed at Odyssey House. The court found that there were compelling reasons to justify bail and that Turner did not present an unacceptable risk of offending on bail.

The court granted bail to Odyssey House on Turner’s own undertaking with conditions. Turner was to reside at Odyssey House and participate in a long-term residential rehabilitation programme. Turner was to attend all court appearances and comply with all court orders. Turner was not to commit any further offences and was to notify the police within 24 hours of any change of address. Turner was also to submit to random drug and alcohol testing.

The court ordered that Turner’s bail be subject to a number of conditions, including a curfew, a requirement to report to a bail justice weekly, and a requirement to surrender his passport. Turner’s bail was granted under the Bail Act 1977 (Vic), sections 3AAA, 4C, 4D, and 4E.

Orders