BAIL APPLICATION BY A BURGLAR UNCONTESTED BY THE RESPONDENT
Re Brett [2021] VSC 10 (21 January 2021)
This is an application for bail where the respondent did not oppose said application and that the applicant alleged exceptional circumstances in justifying the grant of bail.
Facts:
On 21 November 2020, the applicant was arrested in relation to a string of burglaries in regional Victorian towns between 5 and 14 November 2020.
The applicant has been in custody since the date of his arrest. He has previously been refused bail. The Magistrate on that occasion was not satisfied of the requisite test being made out and found that, in any event, the applicant was an unacceptable risk of committing an offence whilst on bail or failing to surrender into custody in accordance with conditions of bail.
In the period between the applicant’s first application for bail in the Magistrates’ Court, and his filing of an application in this Court, the prosecution revised the charges and now intend to withdraw the charges of burglary (four charges); theft (four charges); committing an indictable offence whilst on bail (two charges); attempted burglary; and possessing a drug of dependence (prescription drug).
Additionally, and importantly, the respondent confirmed that the application for bail would not be opposed.
Issue: Should the court grant the application for bail?
Law:
- Bail Act 1977ss 1B, 3AAA, 4AA, 4A, 4C, 4D and 4E
Analysis:
The first relevant factor is that the prosecution has on its own initiative determined to withdraw 12 charges against the applicant, including the most serious charges. Second, the applicant has a limited criminal history in Victoria. Third, the applicant has suitable accommodation in that he will reside with his grandmother and his aunt in Brighton if bail is granted. Fourth, the applicant has a special vulnerability in that he suffers from anxiety and depression and has compressed discs in his back and these conditions render him more vulnerable in custody. Fifth and importantly, if bail is granted, the applicant will address his drug use through intensive treatment and counselling with Forensic Alcohol and Other Drug Specialist, Sixth, the applicant has bail support services in that he has been deemed suitable for a further assessment and referral by ACSO if he is granted bail. Seventh, the applicant has been in custody since 21 November 2020 and his case is listed for a mention at the end of March 2021. Finally, the court accepts that the applicant’s time on remand has been more burdensome due to the COVID-19 pandemic.
Conclusion: The court is satisfied that the applicant has demonstrated exceptional circumstances that justify the grant of bail.
