CRIMINAL LAWApplication for BailAccused charged with trafficking a drug of dependence in a commercial quantity, possession of a drug of dependence, deal with property suspected of being proceeds of crime, commit indictable offence whilst on bail, possession of cartridge ammunition without licence or permit and possession of a prohibited weaponWhether exceptional circumstances exist justifying the grant of bail
CRIMINAL LAWApplication for bailCharges of aggravated carjacking and intentionally causing serious injuryApplicant on Community Correction Order at time of alleged offending
CRIMINAL LAWApplication by Hamka for separate trial from other accusedBased on possible use of item of evidence admissible in case against coaccused in case against him
CRIMINAL LAWBailSchedule 2 offence, allegation of committing indictable offence while on bail for another indictable offence (4 charges)Applicant required to show compelling reason justifying grant of bail
REASONS FOR SENTENCECatchwords prohibited person possess firearm and imitation firearm. Negligently deal with proceeds of crime, summary offence; commit indictable offence on bail. Early guilty plea (Worboyes v The Queen [2021] VSCA 169)COVID19. 36 year of age and extensive criminal history.
CRIMINAL LAWApplication for bailCharges of armed robbery, recklessly causing injury, assault, obtaining financial advantage and property by deception and possessing cannabisAlleged offending occurred while applicant on parole and on bail for other matters
Plea of guilty; Carjacking and assault; Offences at lower end of range of seriousness; Offender primary support for psychiatrically disabled father; Utilitarian benefit of plea of guilty made during the pandemic; Delay; Offender 38 years of age with no previous convictions; Substantial and compelling circumstances which are exceptional and rare established; Community correction order imposed.
Dangerous driving whilst pursued by police on one date; On second date; conduct endangering life; protracted, extraordinary driving; high speed, red lights, interference, multiple motorists and passenger placed at danger of death. Reckless exposure of police member to risk by driving; possession of drug of dep; five summary offences: fail to stop, exceed PCD, fraudulent use of identifying number, resist police, drive whilst unlicenced. Some relevant criminal history but only three appearances. 30 at time of sentence. Guilty plea; Lengthy period at Odyssey house.
Theft of car; aggravated intentional exposure of police member to risk by driving (x 2); Each charge rolls up two victims; negligent driving during police pursuit. Summary offences: Drive whilst unlicenced and commit indictable offence on bail. 31 at time of offending and as at date of sentence. Lengthy criminal history.