Woods v DPP

Case [2014] VSC 1


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2013 0226

WAYNE WOODS Applicant
v
DIRECTOR OF PUBLIC PROSECUTIONS Respondent

S CR 2013 0224

LIRIM SALIEVSKI Applicant
v
DIRECTOR OF PUBLIC PROSECUTIONS Respondent

S CR 2013 0227

NICHOLAS KIOURELLIS Applicant
v
DIRECTOR OF PUBLIC PROSECUTIONS Respondent

S CR 2013 0225

DENG MAWN Applicant
v
DIRECTOR OF PUBLIC PROSECUTIONS Respondent

JUDGE:

BELL J

WHERE HELD:

MELBOURNE

DATE OF HEARING:

20, 23 and 24 DECEMBER 2013

DATE OF JUDGMENT:

17 JANUARY 2014

CASE MAY BE CITED AS:

WOODS v DPP

MEDIUM NEUTRAL CITATION:

[2014] VSC 1

Revised 9 September 2014

CRIMINAL LAW – bail – human rights – fundamental common law rights and liberties – whether applicants represent unacceptable risk – whether applicants showed cause why detention not justified – imposition of conditions compatibly with human rights of applicants – onus of proof with respect to unacceptable risk in show-cause situations – bail of child-accused – ‘presumption of innocence’, ‘liberty’, ‘freedom of movement’ - ‘unacceptable risk’, ‘exceptional circumstances’, ‘show cause’ - Bail Amendment Act 2010 (Vic) – Bail Amendment Act 2013 (Vic) – Bail Act 1977 (Vic) ss 4-5, Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 12, 21 and 25.

Wayne Woods v DPP

APPEARANCES:

Counsel Solicitors
For the applicant Ms P Murphy Victoria Legal Aid
For the respondent Mr J Kibel Victoria Police Legal Services Department

Lirim Salievski v DPP

APPEARANCES:

Counsel Solicitors
For the applicant Mr A S Dickenson Melasecca Kelly & Zayler
For the respondent Mr J Ayres Office of Public Prosecutions

Nicholas Kiourellis v DPP

APPEARANCES:

Counsel Solicitors
For the applicant Ms P Murphy Victoria Legal Aid
For the respondent Mr S Eley Victoria Police Legal Services Department

Deng Mawn v DPP

APPEARANCES:

Counsel Solicitors
For the applicant Mr L Richter Robert Stary Lawyers
For the respondent Mr G Porter Victoria Police Legal Services Department

HIS HONOUR:

  1. Amendments to the Bail Act 1977 (Vic) were made by the Bail Amendment Act 2013 (Vic). They came into force on 20 December 2013 pursuant to a proclamation made under s 2(1) of the latter Act.[1]  The Bail Act now lists inclusively those conditions of bail which (experience tells) are commonly imposed,[2] makes it an offence to contravene most of those conditions[3] and commit indictable offences whilst on bail,[4] requires applications for further bail and variation of bail to be heard by the same judicial officer if reasonably practicable[5] and requires applicants usually to give three days notice of such applications to the informant and prosecution.[6] 

    [1]Victoria, Victoria Government Gazette, No S 419, 26 November 3013.

    [2]Bail Act1977 (Vic) s 5(2A).

    [3]Ibid s 30A.

    [4]Ibid s 30B.

    [5]Ibid ss 18(4) and 18AC(5).

    [6]Ibid s 18AK(2).

  1. The four cases here are the first determined in this court under the amendments.  I determined the applications when sitting in the Practice Court.  Due to the pressure of court work, I gave only short reasons which I now provide in full.  The cases raise…

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CaseChat Overview and Summary

Woods v DPP concerned the bail application of a child accused of criminal activity, with the Director of Public Prosecutions (DPP) opposing bail on the grounds of unacceptable risk to the community. The case was heard in the Supreme Court of Victoria. The central legal issues the court needed to address were the criteria for determining whether applicants represent an unacceptable risk to the community, the standard of proof in show-cause situations, and the compatibility of bail conditions with the human rights of the applicants, particularly the presumption of innocence and the right to liberty.

The court examined the relevant statutory provisions, including the Bail Act 1977 (Vic) and the Bail Amendment Acts 2010 and 2013 (Vic), as well as the Charter of Human Rights and Responsibilities Act 2006 (Vic). It considered whether the onus of proof rested on the applicants to show why detention was not justified when the DPP opposed bail. The court also assessed the imposition of bail conditions in a manner compatible with the applicants' human rights. The reasoning focused on interpreting the concepts of 'unacceptable risk', 'exceptional circumstances', and 'show cause' within the legislative framework. The court concluded that the onus of proof was on the DPP to demonstrate that the risk posed by the applicants warranted continued detention, and it stressed the importance of balancing the applicants' rights with community safety.

The Supreme Court of Victoria ultimately decided that the bail application should be granted, with conditions imposed to mitigate the perceived risk. The decision emphasised the importance of adhering to the principles of the presumption of innocence and the right to liberty, ensuring that any restrictions on these rights were justified and proportionate. The court provided detailed guidelines on how future applications should be handled, ensuring that human rights considerations were central to the decision-making process.

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