EPILEPTIC BOY CHARGED WITH MURDER FILES AN APPLICATION FOR BAIL
Re Application for bail by Aliti [2020] VSC 647 (2 October 2020)
This case is an application for bail under exceptional circumstances where the applicant, charged with murder, is an 18-year-old epileptic boy with no criminal history
Facts:
The applicant was arrested and charged with murder. At the time of the alleged offending, the applicant was 18 years old. He applied for a grant of bail in this Court under exceptional circumstances.
It is contended on his behalf that the following matters are relevant to his application: his youth, special vulnerability, onerous conditions of custody, delay, stable accommodation and the family support available to him. He has no criminal history or negative bail history and he has employment available to him. His family, particularly his grandparents, are prepared to provide a substantial surety.
The applicant has suffered from epilepsy since he was 13 years old, involving full-body convulsions during sleep (nocturnal seizures). His condition was managed by a pediatrician prior to his remand. He was initially treated with Epilim but later switched to Tegretol and is presently prescribed 400mg twice daily.
Issue:
Should the bail be granted under exceptional circumstance?
Law:
- For the purposes of the Bail Act 1977 (‘the Act’), murder is a Schedule 1 offence. It follows that bail must be refused unless the Court is satisfied that exceptional circumstances exist that justify the grant of bail. The onus of satisfying the Court as to the existence of exceptional circumstances is on the applicant.
Analysis:
Three particular features of the case that weigh heavily in favour of the applicant. First, his age. Second, his lack of criminal history. Third, the fact that he suffers from epilepsy and on the report presented that although he has not had any recent episodes of direct epileptic activity, it is not possible to predict with any certainty what might happen in the future. Further, there is risk associated with his condition when he sleeps alone, which is the condition that would apply to him when he is in custody and he might then become subject to the condition known as Sudden Unexplained Death in Epilepsy.
When those matters are taken in conjunction with the other matters that the court referred to in relation to the applicant it is satisfied that exceptional circumstances that warrant the granting of bail have been made out. The court should add that part of that includes the provision of a substantial surety, although it is not of itself the most important feature.
Conclusion: The Court is satisfied that exceptional circumstances exist. The application for bail by the applicant is hereby granted.
