Re Abdo [2025] VSC 825 (18 December 2025)

1. On 27 March 2025, the applicant, Khalil Abdo ("Abdo"), was arrested and charged with the following offences:

(1) Armed robbery, contrary to section 75A(1) of the Crimes Act 1958 (Vic), alleged to have occurred at Taylors Lakes on 26 March 2025.

(2) Attempting to commit an indictable offence, namely armed robbery, contrary to section 321M of the Crimes Act, alleged to have occurred at Taylors Lakes on 26 March 2025.

(3) Possessing an imitation firearm as a prohibited person, contrary to section 5AB(2) of the Control of Weapons Act 1990 (Vic), alleged to have occurred at Taylors Lakes on 26 March 2025.

(4) Possessing an imitation firearm as a prohibited person, contrary to section 5AB(2) of the Control of Weapons Act, alleged to have occurred at Fawkner on 27 March 2025.

(5) Committing an indictable offence, namely armed robbery, while on bail, contrary to section 30B of the Bail Act 1977 (Vic), alleged to have occurred at Taylors Lakes on 26 March 2025.

(6) Unlicensed driving, contrary to section 18(1)(a) of the Road Safety Act 1986 (Vic), alleged to have occurred at Fawkner on 27 March 2025.

(7) Fraudulently using a registration label, contrary to section 72(1) of the Road Safety Act, alleged to have occurred at Taylors Lakes on 26 March 2025.

(8) Theft of vehicle registration plates, contrary to section 74(1) of the Crimes Act, alleged to have occurred at Campbellfield on 25 March 2025.

(9) Possessing a drug of dependence, namely methylamphetamine, contrary to section 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), alleged to have occurred at Fawkner on 27 March 2025.

(10) Possessing a drug of dependence, namely heroin, contrary to section 73(1) of the Drugs, Poisons and Controlled Substances Act, alleged to have occurred at Fawkner on 27 March 2025.

1. Abdo has been on remand since the date of his arrest. On 27 November 2025, Abdo was refused bail in the County Court of Victoria at Melbourne, on the basis that he had not demonstrated that exceptional circumstances exist to justify the grant of bail and, in any event, he would pose an unacceptable risk if released on bail. The matter is listed for trial on 28 July 2026.
2. On 4 December 2025, Abdo filed a notice of intention to make an application for bail in this court. He relies upon a number of matters in support of the existence of exceptional circumstances justifying the grant of bail.
3. These include the availability of treatment at a residential rehabilitation facility to address his addiction to illicit substances, delay, Abdo's mental health, issues that bear upon the strength of the prosecution case against him, strong family support as a protective factor, and the availability of conditions of bail that would sufficiently mitigate any risk he would pose if granted bail to an acceptable level.
4. The prosecution opposes bail on the basis that Abdo has failed to demonstrate exceptional circumstances. Even if Abdo could establish exceptional circumstances, the prosecution submits he would present an unacceptable risk if released on bail.
5. For the reasons that follow, Abdo's application for bail is refused.

1. The following account is based on the prosecution case and comprises allegations only.

B.1.1 Operation "ND3 NBRDRU AMARANTH 2025"

1. Brimbank Divisional Response Unit detectives commenced an investigation, known as Operation "ND3 NBRDRU AMARANTH 2025" ("the Operation") for the purpose of investigating 2 incidents alleged to have occurred on 26 March 2025:

(1) An attempted armed robbery that is alleged to have occurred at 3.04am at Shell Reddy service station in Taylors Lakes ("Incident 1").

(2) An armed robbery that is alleged to have occurred at 3.07am at a 7-Eleven service station in Taylors Lakes ("Incident 2").

1. On 26 March 2025 at approximately 3.04am, it is alleged that Abdo attended the Shell Reddy service station located at 410 Melton Highway, Taylors Lakes, driving a silver Mitsubishi Outlander ("the Mitsubishi") bearing stolen Victorian registration plates ("the Stolen Plates").
2. At the time of Abdo's arrival at the service station, Shubhashis Shuvro ("Shuvro") was working as a store attendant.
3. Upon arrival, Abdo approached the entrance of the service station and waited by the locked sliding door. Shuvro, having observed Abdo at the entrance, unlocked the sliding door to grant him access.
4. Abdo approached the service counter, removed the end of what appeared to be a black firearm ("the Imitation Firearm") from his right jacket pocket and demanded that Shuvro hand over cash. Abdo allegedly stated "open the drawer and give me the cash".
5. It is alleged that Abdo asked Shuvro "you see the gun, right?" and removed the Imitation Firearm from his pocket 3 to 4 times consecutively before pointing the muzzle towards Shuvro through the material of his right jacket pocket.
6. Shuvro told Abdo he would be back in a moment, and walked into the manager's office, locking the door behind him.
7. Abdo attempted to follow Shuvro briefly, before exiting the store and departing in the Mitsubishi. Shuvro contacted his manager and detailed what had happened. His manager advised Shuvro to press the panic button and call triple zero for police.
8. At approximately 3.14am, Chubb Security Monitoring contacted triple zero after being alerted to the activation of a panic button at Shell Reddy service station in Taylors Lakes.
9. At approximately 3.20am, police arrived at the service station and established a crime scene. Shuvro provided police with a victim statement and footage from 3 closed circuit television cameras on the premises. This footage allegedly depicts:

(1) The Mitsubishi arriving at Shell Reddy service station.

(2) A person alleged to be Abdo entering the service station and walking towards the service counter.

(3) The same person partially removing the Imitation Firearm from his right jacket pocket.

(4) The same person removing the Imitation Firearm, placing it against the counter and "racking"[1] it in front of Shuvro before placing it back into his right jacket pocket.

(5) The same person pointing the Imitation Firearm at Shuvro through the material in his right jacket pocket.

(6) Shuvro walking away from the person alleged to be Abdo into the manager's office at the rear of the store, and the same person attempting to follow Shuvro.

(7) The same person attempting to leave the store by forcing the sliding doors open, before pressing the exit button and leaving the store.

1. Approximately 3 minutes after Incident 1, it is alleged that Abdo attended a 7-Eleven service station located at 565 Sunshine Avenue, Taylors Lakes, in the Mitsubishi.
2. Present within the service station at this time was Mohammed Khan ("Khan"), who was working as a store attendant.
3. Upon arrival, a person alleged to be Abdo approached the entrance of the service station and waited by the locked sliding door. Khan, having observed the person at the entrance, gestured for Abdo to remove his mask and the hood of the hoodie he was wearing. Abdo removed the hood completely and partially removed his mask, revealing his face. Khan unlocked the sliding door, granting access.
4. Abdo entered the store and approached the service counter with both hands in his pockets. He partially removed the Imitation Firearm from his right jacket pocket before pointing the muzzle at Khan through the material of his right jacket pocket. It is alleged that Abdo stated "give me the money otherwise I'll shoot".
5. Khan opened the cash register and removed approximately $200 in cash and handed it to Abdo. Abdo allegedly demanded more money, however Khan told him the money was in a safe and could not be accessed. Abdo is alleged to have demanded "Winnie Blue" cigarettes, causing Khan to remove approximately 30 packets of Winfield Blue cigarettes, valued at approximately $1,500, and place them into a bin for Abdo. Khan passed the bin to Abdo, who then exited the store and departed in the Mitsubishi.
6. At approximately 3.16am, Khan contacted triple zero. Police arrived at the service station about 12 minutes later, and established a crime scene.
7. Khan provided police with a victim statement and closed circuit television footage from 4 cameras located at the premises. The footage is alleged to capture:

(1) The Mitsubishi driving into the service station.

(2) A person alleged to be Abdo removing the hood of his hoodie at Khan's request, before entering the store and walking towards the service counter.

(3) The same person producing the Imitation Firearm to show Khan.

(4) The same person pointing the Imitation Firearm at Khan through the material in his right jacket pocket.

(5) Khan handing cash to the person alleged to be Abdo from the cash register.

(6) Khan handing a bin containing the Winfield Blue cigarettes to the person alleged to be Abdo.

(7) The same person running out of the store with the cash and cigarettes.

1. The informant gave evidence that the video footage did not clearly depict the face of the perpetrator, but that part of his head was shown which was consistent with the offender being Abdo.

B.1.4 Abdo's attendance at BP service station in Shepparton before Incidents 1 and 2

1. At approximately 12.28pm on 22 March 2025, 4 days prior to the date on which Incident 1 and Incident 2 are alleged to have occurred, it is alleged that Abdo attended a BP service station at 176 Numurkah Road, Shepparton, in the Mitsubishi. On this occasion, the Mitsubishi was bearing number plates alleged to correspond to the correct registration of the Mitsubishi and to be different to the Stolen Plates.
2. Upon arrival, it is alleged that Abdo approached the front counter and spoke with an employee of a store operating within the service station complex, Norman Asif ("Asif"). Abdo allegedly attempted to make a purchase at that store by manually entering credit card details using the store's EFTPOS[2] machine. As a result, Asif became suspicious and requested that Abdo produce identification to confirm his identity.
3. At approximately 12.40pm, Abdo produced his Victorian driver licence and allowed Asif to record his details. Following this interaction, Asif submitted a Crime Stoppers report detailing his contact with Abdo.
4. Investigators subsequently obtained closed circuit television footage from 2 cameras located at the premises, which allegedly depicts the following:

(1) A person alleged to be Abdo exiting the Mitsubishi bearing the registration plates that are said to correspond to the correct registration of the Mitsubishi.

(2) The same person walking to the entrance of the service station.

(3) The same person inside the service station.

(4) The same person showing his driver licence to Asif.

1. Investigators compared the closed circuit television footage of Incident 2 obtained from the BP service station with, first, a recent custody photograph of Abdo and, secondly, with the closed circuit television footage and stills obtained in connection with Incident 1, and consequently formed the view that there is a true likeness between Abdo and the alleged offender depicted in closed circuit television footage or stills, or both, of Incident 1 and Incident 2.

B.1.5 Theft of the Stolen Plates in Campbellfield before Incidents 1 and 2

1. Investigators conducted enquiries in relation to the Stolen Plates and confirmed they were stolen on 25 March 2025 at approximately 2.15am in Campbellfield.
2. Investigators obtained closed circuit television footage from a business premises in Campbellfield that is alleged to depict 2 occupants exiting the Mitsubishi and removing the Stolen Plates from a black Ford sedan. The informant accepted the video footage does not identify the individuals involved, and only shows the fact the sport utility vehicle used by the occupants was similar to the Mitsubishi.

1. Investigators interrogated the Law Enforcement Assistance Program database and identified that Abdo was subject to a community correction order at the relevant time. Investigators made enquiries with the community corrections office in Coolaroo and obtained an updated phone number linked to Abdo. Investigators checked the Integrated Phone Number Database and confirmed the phone number was registered in the name of Abdo.
2. Call charge record checks were performed and location data obtained from Abdo's mobile phone, allegedly revealing that Abdo's mobile phone utilised cell towers in the vicinity of the alleged theft of the Stolen Plates at the relevant time of the alleged offence, and in the vicinity of Incident 1 and Incident 2 at the relevant times of this alleged offending.

1. At approximately 12.30pm on 27 March 2025, investigators from the Brimbank Divisional Response Unit located the Mitsubishi in Fawkner, bearing the registration plates said to correspond to the correct registration of the Mitsubishi. The vehicle was stationary, with Abdo allegedly seated in the driver's seat and 2 associates seated in the front and rear passenger seats. Upon sighting police, it is alleged the Mitsubishi drove away at a fast rate of speed.
2. Shortly after, investigators allegedly observed Abdo and his 2 associates, being a man known to police and an unknown female, walking south on Glynda Street in Fawkner. Investigators allegedly observed Abdo discard an item within shrubs outside a Fawkner address.
3. Abdo was arrested shortly after. Abdo was provided his caution and rights, before investigators searched his person and allegedly located 2 small zip locked bags of white powder in his right zipper pant pocket. Abdo, under caution, allegedly disclosed that the white powders were ice[3] and heroin. Also located in Abdo's possession was a black iPhone, which was subsequently seized by investigators.
4. Abdo, still under caution, is then alleged to have told investigators there was a "fake" gun in the Mitsubishi. Investigators located the Mitsubishi parked in a nearby driveway. They returned to the location near where they had observed Abdo discard an item in shrubs, and located the keys to the Mitsubishi.
5. Investigators searched the Mitsubishi and allegedly found a black imitation firearm in the glovebox. Abdo was conveyed to Sunshine Police Station.

1. Investigators subsequently executed simultaneous search warrants at 2 addresses in Fawkner and Meadow Heights respectively.
2. At the Fawkner address, no items were seized.
3. At the Meadow Heights address, investigators seized several items of clothing, including one pair of black Adidas shorts and one pair of black and white Nike shoes, both of which items are alleged to have been worn by Abdo during Incident 1 and Incident 2.

1. Meanwhile, after being conveyed to Sunshine Police Station, Abdo was deemed not fit for interview by a forensic medical officer from the Victorian Institute of Forensic Medicine.
2. On 28 March 2025, Abdo was charged and remanded into custody at the Magistrates' Court of Victoria at Melbourne.

B.2 Other charges and Abdo's criminal history

1. Abdo has a range of outstanding matters in both the County Court of Victoria and the Magistrates' Court at Broadmeadows.
2. Abdo is on bail or on summons for the following matters:

(1) 1 count of driving whilst disqualified and 1 count of theft, namely of an EFTPOS terminal valued at $580, alleged to have occurred at Thomastown on 12 March 2025 (Informant Oosterloo).

(2) 1 count of theft (of a vehicle), 1 count of driving whilst disqualified and 2 counts of handling stolen goods (the vehicle and a set of registration plates), alleged to have occurred at Docklands on 10 February 2025 (Informant McWhirter).

(3) 1 count of intentionally damaging property without lawful excuse, by allegedly punching and breaking the glass sliding door entry at the Roxburgh Park Hotel, alleged to have occurred at Coolaroo on 3 February 2024 (Informant Tuddin).

(4) 1 count of theft, namely of a pre-paid phone SIM card[4] print machine valued at $100, alleged to have occurred at Coburg on 19 October 2024. Abdo was bailed to appear before the Magistrates' Court at Broadmeadows on 21 February 2025 (Informant Xiang).

(5) 1 count of theft, namely of keys to the front door of a service station, alleged to have occurred at Gladstone Park on 4 March 2024 (Informant Zane).

(6) 49 charges relating to approximately 13 incidents alleged to have occurred between January 2024 and June 2024, whereby it is alleged that Abdo (usually in the company of his closest aged brother) stole electronic payment terminals from service stations around Melbourne, to produce gift cards or vouchers that were then redeemed by Abdo and his brother, with the total value of these gift cards or vouchers estimated at around $38,000 ("the Informant Hoy-Graham Charges").

(7) 2 counts of theft, namely of 5 motor oil containers from 2 service stations, alleged to have occurred at 2 service stations in Craigieburn on 26 December 2023 and 29 December 2023 (Informant Yates).

(8) 2 counts of obtaining property by deception, relating to a Cartier bracelet valued at $4,100 and 2 iPhones valued at $4,337.80, that were allegedly obtained by Abdo from retail stores in Coburg and Brunswick respectively on 17 October 2023 (Informant Pollitt).

(9) 1 count of conspiracy to dishonestly obtain a gain from the Commonwealth, namely Centrelink benefits, and 1 count of failing to comply with an order to provide information or assist, by omitting to provide the passcode to a mobile phone, alleged to have occurred between 21 February 2022 and 21 September 2022 at Meadow Heights, Fawkner and other places in Victoria alongside a female co-accused.

1. Abdo is a 29 year old man who was raised in the northern suburbs of Melbourne. He has 2 elder brothers and 3 younger sisters, and reportedly has a positive relationship with his family.
2. When Abdo was a child, his family received Centrelink payments. Abdo describes his parents as supportive but strict, and recalls his father having a gambling addiction and being violent at times.
3. Abdo left school at the start of year 10 and did not complete further education. He was employed briefly at a fast food restaurant, and attempted to engage in a 3-month carpentry pre-apprenticeship.
4. Abdo's most recent employment was with his uncle in excavation and landscaping. He was employed in this role prior to his remand for the charges the subject of this application.
5. Abdo's interactions with the criminal justice system are said to be strongly connected to his addiction to illicit substances. He started using cannabis at the age of 15 and methylamphetamine when he was 19. He began using heroin in 2023. Both of his older brothers have reportedly struggled with their own drug addictions in the past, and one brother is said to suffer from psychosis.
6. Abdo's father died unexpectedly in 2015, and Abdo commenced significant drug abuse to cope with his grief. A connection has been drawn between Abdo's criminal offending and a desire or compulsion to fund his dependency on illicit substances.

1. Abdo has an extensive criminal history comprising convictions recorded from July 2015 to April 2024.
2. Without seeking to be exhaustive, Abdo's criminal history includes driving offences, drug offences (both possession and trafficking), theft and dishonesty offences, possession of a prohibited weapon, recklessly causing injury and burglary.
3. Most recently, Abdo was convicted in the Magistrate's Court at Heidelberg on 17 April 2024 of various drug, theft, dishonesty and driving offences. He was sentenced to a community correction order for a period of 15 months, which commenced on 17 April 2024 and required Abdo to comply with conditions that included assessment, treatment and rehabilitation for his drug use. At the time of his alleged offending the subject of the current application, Abdo was subject to that community correction order and the conditions attaching to it. Abdo's criminal history reflects that he has been the subject of 3 other community correction orders, all of which have been contravened.
4. Relevantly, Abdo's criminal history includes the following offences that were committed whilst on bail:

(1) On 22 December 2022, Abdo was convicted of offences that included committing an indictable offence whilst on bail. He was placed on a community correction order for a period of 12 months, and was required by the conditions of that order to undergo assessment, treatment and rehabilitation.

(2) On 16 April 2022, Abdo was convicted of offences that included committing an indictable offence whilst on bail (trafficking methylamphetamine). He was sentenced to 1 day of imprisonment, which was reckoned as time already served.

(3) On 3 May 2021, Abdo was convicted of various offences including committing an indictable offence whilst on bail, failing to answer bail and breaching a prescribed term or condition of parole. Abdo was placed on a community correction order as a result of this offending, for a period of 12 months. He was required to undergo assessment and treatment for his drug addiction.

(4) On 10 August 2020, Abdo was convicted of committing an indictable offence whilst on bail (possessing methylamphetamine) and was fined an aggregate of $2,500.00.

(5) On 18 September 2017, Abdo was convicted of various offences including 2 counts of failing to answer bail. He was sentenced to an aggregate of 14 days' imprisonment for failing to answer bail, ordered to be served concurrently, with a total effective sentence of 1 year and 3 months' imprisonment.

1. A full record of Abdo's criminal history is annexed to this ruling and marked as "Annexure A".

1. It is proposed on Abdo's behalf that, were Abdo to be granted bail, he would be transported directly from custody to Odyssey House, a residential rehabilitation facility run by Odyssey Victoria, where he would reside for the duration of his placement.
2. The court has been provided with a letter from a clinician at Odyssey Victoria dated 15 December 2025 confirming that Abdo has been deemed suitable for admission to its Therapeutic Community Residential Rehabilitation Program in Lower Plenty ("the Odyssey Program"). Admission is available to Abdo on 29 December 2025, and Abdo would be required to remain in custody in the interim.
3. The Odyssey Program is described by Odyssey Victoria as voluntary, and residents are not under direct staff supervision. If Abdo were admitted to the Odyssey Program, and subsequently decided to leave, or was discharged for any reason, the informant would be notified as soon as possible. The letter addressed to the court also states that, if Abdo were granted bail subject to conditions, these conditions would need to reflect the structure of the Odyssey Program. By way of example, Odyssey Victoria requests that any reporting conditions be suspended for the duration of the Odyssey Program, as transportation is unable to be provided to residents to meet their reporting obligations.
4. The court has also been provided with a letter from the Victorian coordinator of Transition 24, a program run by Prison Fellowship Australia. That letter confirms that volunteers are available to transport Abdo directly from custody to Odyssey House, should he be granted bail.

1. Section 1B(1AA), which was inserted into the Bail Act in March of this year,[5] recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime. This reflects the importance that the Parliament has conferred on this component of community safety.[6]
2. That said, community safety is not the only guiding principle. The Bail Act is to be applied and interpreted with regard to the other guiding principles in section 1B,[7] being the presumption of innocence and right to liberty, the promotion of fairness, transparency and consistency in bail decision making and public understanding of bail practices and procedures. These principles remain important.[8]
3. Section 4 of the Bail Act establishes that a person accused of an offence and held in custody in relation to it is entitled to be granted bail unless the Bail Act requires the bail decision-maker to refuse bail.

1. Armed robbery is a Schedule 1 offence.[9] Accordingly, the exceptional circumstances test applies to the decision of whether to grant bail.[10] It follows that bail must be refused unless Abdo demonstrates the existence of exceptional circumstances that justify the grant of bail.[11]
2. The phrase "exceptional circumstances" is not defined in the Bail Act. Numerous authorities have established that, to be exceptional, the circumstances must be such as to take the case out of the ordinary or norm so as to justify the grant of bail.[12] Although the threshold is high, it is not an impossible standard to reach. It may be met by a combination of matters, even when none of the individual circumstances is considered exceptional.[13]

1. If satisfied that exceptional circumstances exist, the court must then determine whether an applicant presents an unacceptable risk of the kind referred to in section 4E(1) of the Bail Act.[14] In assessing that risk, the court must consider whether the risk posed may be mitigated by any conditions of bail.[15]
2. The court must refuse bail if satisfied that there is an unacceptable risk, notwithstanding that the exceptional circumstances test has been met.[16] The notion of unacceptable risk does not concern merely any risk of offending. Rather, the question is whether such a risk is unacceptable.[17] The burden of proving that an applicant poses an unacceptable risk rests with the prosecution.[18]

1. In considering whether exceptional circumstances exist and whether an applicant poses an unacceptable risk, the court must take into account the surrounding circumstances.[19] Such surrounding circumstances include, but are not limited to, the following matters listed in section 3AAA(1) of the Bail Act:

(aa) whether, if the accused were found guilty of the offence with which the accused is charged, it is likely -

(i) that the accused would be sentenced to a term of imprisonment; and

(ii) if so, that the time the accused would spend remanded in custody if bail is refused would exceed that term of imprisonment;

(a) the nature and seriousness of the alleged offending, including whether it is a serious example of the offence;

(b) the strength of the prosecution case;

(c) the accused's criminal history;

(d) the extent to which the accused has complied with -

(i) the conditions of any earlier grant of bail; or

(e) whether, at the time of the alleged offending, the accused -

(ii) was subject to a summons to answer to a charge for another offence; or

(iii) was at large awaiting trial for another offence; or

(v) was subject to a community correction order made in respect of, or was otherwise serving a sentence for, another offence;

(g) the accused's personal circumstances, including -

...

(ii) the accused's associations, home environment and background;

(h) any special vulnerability of the accused, including -

...

(iii) experiencing any ill health, including mental illness;

...

(i) the availability of treatment or bail support services;

...

(j) any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail;

(k) the length of time the accused is likely to spend in custody if bail is refused;

(l) the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged;

...

1. If the court is considering the release of an accused on bail, it must impose any condition that, in the opinion of the court, will reduce the likelihood of risk that the accused may endanger the safety or welfare of any other person, interfere with a witness or fail to surrender into custody.[20] However, those conditions must be no more onerous than is required and must be reasonable, having regard to the nature of the alleged offence and the circumstances of the accused.[21]

1. In support of bail, the surrounding circumstances were addressed in submitting that exceptional circumstances were established by the combined weight of several factors, namely:

(1) The availability of treatment at residential rehabilitation. If Abdo is granted bail, arrangements are in place to have him transported directly from custody to Odyssey House, where it is proposed he would reside for the duration of the Odyssey Program. Here, Abdo would learn conflict resolution skills, relapse prevention and group work, with allocation of additional responsibilities as he progresses through the program's levels. It was submitted this is Abdo's first opportunity to engage with residential rehabilitation. The court was provided with 2 confidential reports prepared by forensic psychologist Dr Aaron Cunningham on 23 April 2018 ("the 2018 Cunningham Report") and 9 April 2024 ("the 2024 Cunningham Report") respectively, which both concluded that Abdo would benefit from drug rehabilitation.

(2) The likelihood of delay. Abdo was remanded on 27 March 2025 and has been in custody for 267 days, inclusive of today. The matter has been listed for directions hearings on 27 February 2026 and 5 June 2026, with the trial listed to commence on 28 July 2026. By this time, Abdo will have spent 489 days on remand (inclusive of the first day of trial).

(3) Abdo's mental health. The applicant relies on the 2018 Cunningham Report and the 2024 Cunningham Report, which both referred to Abdo's struggle with the grief and loss related to his father's death and its connection with substance abuse.

(4) Issues with the prosecution case against Abdo. It was submitted on Abdo's behalf that the primary issue for trial is identity. This is in circumstances where closed circuit television footage does not depict the identity of the offender said to have removed the Stolen Plates from a car in Campbellfield, the clothing of the alleged offender in Incident 1 and Incident 2 effectively conceals his identity, the complainant Shuvro is no longer being called to give evidence in relation to Incident 1, and there is currently no expert scheduled to give evidence in respect of cell-tower evidence that is being relied upon by the prosecution.

(5) Abdo's personal circumstances, associations, home environment and background. It was submitted that Abdo's childhood was marred by violence at the hands of his father, whose death caused Abdo to increase his drug use as a coping mechanism, but that Abdo has strong support from the rest of his family.

1. Further, any risk that Abdo would pose if granted bail was contended to be ameliorated to an acceptable level by reason of the following bail conditions proposed on his behalf, namely that Abdo:

(1) Be released from custody by 9.00am on Monday, 29 December 2025, only into the care of T24 prison fellowship, in order to be transported directly to Odyssey House, 660 Bridge Road, Richmond 3121, for admission into the Odyssey Program.

(2) Reside at the Lower Plenty facility of Odyssey House in Melbourne unless travelling to or from Broadmeadows or Melbourne for the purposes of attending or returning from court.

(3) Not change place of residence without leave of the court.

(4) Remain at Odyssey House between the hours of 10.00pm and 5.00am each day ("the Curfew Hours").

(5) Present at the front door of Odyssey House during the Curfew Hours if and when called upon by a member of Victoria Police to do so.

(6) Not consume alcohol.

(7) Not use or possess any drug of dependence as defined in the Drugs, Poisons and Controlled Substances Act without lawful authorisation under that Act.

(8) Not leave the State of Victoria.

(9) Not attend any port, airport or international point of departure.

(10) Surrender any current passport or any interstate or international travel documents in the applicant's possession or control to the informants, or their nominees, within 24 hours of the date of these orders.

(11) Not apply for any passport or any interstate or international travel documents or cause, whether directly or indirectly, any other person to do so on the applicant's behalf.

(12) Undergo urine analysis testing in accordance with the Odyssey Program, and the applicant's urine analysis results be provided by Odyssey House to the informant in this proceeding, Senior Constable Tanaya Redman, upon identification of a positive screening result indicating the presence of an illicit substance.

1. The prosecution submitted that Abdo had not reached the high threshold of establishing exceptional circumstances for the following reasons:

(1) The nature and seriousness of the alleged offending. The prosecution described the offence of armed robbery as an inherently serious offence, and submitted that Abdo's offending was aimed at "soft targets". The alleged offending was said to represent an escalation in Abdo's misconduct, by reason of the use of a firearm (albeit an imitation firearm). While the prosecution conceded that the amount allegedly stolen by Abdo in Incident 2 cannot be said to be large, the statements provided by the complainant were referred to in submitting that this type of offending has an overwhelming impact on those whose workplaces are invaded.

(2) The strength of the prosecution case. It was submitted that the circumstantial case against Abdo is strong, and is built upon significant pieces of admissible evidence including closed circuit television footage, telecommunication network data, mobile electronic data and eyewitness evidence. In combination, this evidence was said to demonstrate a course of conduct by Abdo against multiple victims, resulting in the charges the subject of this application.

(3) Abdo's prior criminal history. It was submitted by the prosecution that Abdo has an extensive criminal history spanning over 10 years of recorded offending and comprising a total of 297 charges; that Abdo has a propensity to commit theft and deception-related offences; and that Abdo's offending has escalated more recently to offences that cause a high degree of harm to victims, such as those alleged offences the subject of this application. The prosecution referred to the many terms of imprisonment that Abdo has served for a wide range of offending, in particular the 54 months he served concurrently between 2017 and 2019 prior to his release on parole. While in prison, Abdo was charged with attempting to pervert the course of justice and was subsequently convicted and sentenced to an additional 6 months' imprisonment, with 3 months to run concurrently with his 54 month sentence. The prosecution submitted that, since Abdo's release in 2019, he has had significant involvement with Victoria Police and at no point has he shown signs of rehabilitation or behaviour that would indicate reform or a change of lifestyle. The prosecution also referred to Abdo having been on numerous counts of bail at the time of the alleged offending that is the subject of this application, in addition to an intensive community correction order. Four such orders have been imposed on Abdo over the course of the past 10 years, and it was submitted that he has not been compliant with any of them.

(4) Personal, family and surrounding circumstances. At the time of his arrest, Abdo was said to be living between 2 addresses, namely the family home in Meadow Heights and a house in Fawkner that is well-known to Victoria Police. It was submitted that Abdo is at risk of further offending or being exposed to further criminal behaviour when in the company of certain family members, for example his closest-aged brother, who is said to have an extensive criminal history comprising over 250 charges and is the co-accused in many of the Informant Hoy-Graham Charges.[22] Additionally, Abdo's associates, which include the man who was in the company of Abdo at the time of his arrest[23] and other associates linked to the Fawkner address, are well-known to Victoria Police and have varying degrees of criminal history themselves. It was also submitted that there is nothing contained in the 2018 Cunningham Report or the 2024 Cunningham Report that would be considered to fall within the parameters of exceptional circumstances.

(5) The availability of therapeutic treatment. The prosecution submitted that while Odyssey House is a well-known and reputable facility, and a facility that has been proposed by Abdo as a suitable residential facility in the past, the Odyssey Program is a completely voluntary program that allows participants to leave on their own accord at any given time. It was said that Abdo has not demonstrated that he can engage fully with drug and alcohol rehabilitation programs that are suggested or imposed by the court. It was further submitted that Abdo has never fulfilled his obligations under court-mandated orders, including community correction orders, and has re-offended at every opportunity when released from custody.

1. The prosecution also submitted that even if exceptional circumstances were established, Abdo poses an unacceptable risk of:

(1) Committing an offence while on bail, including a schedule 1 or schedule 2 offence.[24] It was submitted that Abdo's criminal history paints a picture of someone who is extremely likely to commit further offences while on bail. Abdo was said to have been granted bail on 37 previous occasions, and on 11 occasions he has been charged with committing an indictable offence whilst on bail. At the time of his arrest for the charges the subject of this application, Abdo was on 3 counts of bail. The prosecution highlighted that in the past, along with bail conditions, community correction orders have been imposed on Abdo with conditions to undergo assessment and treatment for drug abuse or dependency as directed, and to attend behaviour programs as directed.

(2) Failing to appear on bail. The prosecution submitted that Abdo has been charged with failing to answer bail on 2 previous occasions, and this demonstrates he would be an unacceptable risk of failing to attend for matters that are outstanding in both the County Court of Victoria and the Magistrates' Court of Victoria.

(3) Obstructing the course of justice. In support of this submission, the prosecution referred to a previous charge in 2018 of attempting to pervert the course of justice, for which Abdo was convicted and sentenced to a term of imprisonment.

(4) Endangering the safety of the community. The prosecution referred to Abdo's lengthy history of driving offences, the frequency with which these offences have been accompanied by drug-related charges and his refusal to stop for police to avoid apprehension. This was said to have resulted in Abdo engaging in high risk driving, without a current driver licence, whilst under the influence of drugs and alcohol, demonstrating that Abdo has a complete disregard for his own safety, the safety of emergency service workers, and the safety of the general community more broadly. The prosecution also submitted that Odyssey House is not a suitable residence.

1. While conceding that some conditions could allay some concerns with respect to Abdo's risk, the prosecution did not accept the proposition that any risk posed by Abdo could be made acceptable by imposition of the conditions of bail proposed on Abdo's behalf. In particular, the prosecution submitted that Odyssey House would be unable to contain Abdo, who has demonstrated on numerous occasions a total lack of regard for the laws of Victoria and the safety of the community. The prosecution did not propose any alternative or additional conditions that might be said to reduce any risk associated with a grant of bail to Abdo to an acceptable level.

1. This application may be dealt with on the basis that Abdo has failed to demonstrate that exceptional circumstances exist such that bail ought to be granted. In short, there is nothing exceptional about any of the matters that have been raised. The fact that Odyssey House has agreed to Abdo being admitted as a resident does not, of itself, give rise to exceptional circumstances.
2. Further, nothing in either the 2018 Cunningham Report or the 2024 Cunningham Report shows anything out of the ordinary.
3. Furthermore, for the purposes of this ruling, I am willing to accept that there are "real triable issues" as to the identity of Abdo with respect to Incidents 1 and 2. This assumption also does not give rise to exceptional circumstances, either on its own or when considered with the other relevant matters. It was certainly not suggested, nor could it be in light of the available evidence, that the prosecution case in this regard was weak.
4. The trial is now listed to commence in the middle of next year and, as was properly accepted, the matter has moved relatively quickly up to this point. There is no suggestion of any material delay or any real prospect of future delay.
5. The fact that there is no expert evidence to date in relation to the cell-tower evidence is of relatively minor significance. It was submitted that it would not be ready in a timely manner and well before trial. Further, although not admissible evidence at trial, the informant herself has conducted investigations to satisfy herself that the location data indicates the likely location of Abdo at the relevant times.[25]
6. In summary, taking into account the surrounding circumstances, exceptional circumstances have not been shown to exist.

1. Even if I had come to a contrary view, I would have been satisfied that if bail were granted, including on the basis that Abdo were to be a resident at Odyssey House, that would have given rise to an unacceptable risk of endangering the safety or welfare of persons in the community generally.
2. Abdo has a long history of engaging in conduct that is a risk to the community. Annexure A sets out his extensive criminal history. The committing of many of those offences involved such conduct.
3. Further, that criminal history shows Abdo has repeatedly failed to comply with his conditions of bail. In short, there could be no confidence that Abdo would comply with his conditions of bail, including remaining a resident at Odyssey House. In that regard, it is noted that the conditions at Odyssey House do not include imposing security which might prevent any resident from leaving that establishment. Although I accept the informant will be notified immediately if Abdo were to abscond, the eventuality of him being in the community even for a relatively short period of time would give rise to an unacceptable risk.
4. For completeness, evidence was adduced that the reason Shuvro's statement has been withdrawn[26] is because he has indicated to police he is unwilling to give evidence because he is "incredibly scared". The evidence was that he has flatly refused to do so even though the option of giving evidence by video link has been canvassed. It is presently uncertain whether or not he will be the subject of a subpoena for the purposes of giving evidence at the trial.

1. Accordingly, the application for bail must be dismissed.

Aggregate 42 days imprisonment. Concurrent. Effective total State term of 42 days, with 42 days reckoned as time already served.

Convicted and sentenced to a community correction order commencing on 17 April 2024, with conditions as to supervision, treatment and rehabilitation for a period of 15 months and judicial monitoring for a period of 6 months.

Aggregate 42 days imprisonment. Concurrent. Effective total State term of 42 days, with 42 days reckoned as time already served.

Convicted and sentenced to a community correction order commencing on 17 April 2024, with conditions as to supervision, treatment and rehabilitation for a period of 15 months and judicial monitoring for a period of 6 months.

Aggregate 42 days imprisonment. Concurrent. Effective total State term of 42 days, with 42 days reckoned as time already served.

Convicted and sentenced to a community correction order commencing on 17 April 2024, with conditions as to supervision, treatment and rehabilitation for a period of 15 months and judicial monitoring for a period of 6 months.

Driver licence cancelled and disqualified for period of 1 month, effective 17 April 2024.

Aggregate 42 days imprisonment. Concurrent. Effective total State term of 42 days, with 42 days reckoned as time already served.

Convicted and sentenced to a community correction order commencing on 17 April 2024, with conditions as to supervision, treatment and rehabilitation for a period of 15 months and judicial monitoring for a period of 6 months.

Aggregate 42 days imprisonment. Concurrent. Effective total State term of 42 days, with 42 days reckoned as time already served.

Convicted and sentenced to a community correction order commencing on 17 April 2024, with conditions as to supervision, treatment and rehabilitation for a period of 15 months and judicial monitoring for a period of 6 months.

Driver licence cancelled and disqualified for period of 6 months, effective 17 April 2024.

Without conviction, fined an aggregate of $1,800.00.

Fail to comply with requirement to give police information

Contravene community correction order (in relation to the order made on 24 February 2022)

Convicted and sentenced to a community correction order for a period of 12 months commencing on 22 December 2022, with conditions as to supervision, treatment and rehabilitation.

Dangerous / negligent driving while pursued by police (re 20 December 2022)

Aggregate 48 days imprisonment. Concurrent. Effective total State term of 48 days, with 48 days reckoned as time already served.

Convicted and sentenced to a community correction order for a period of 12 months commencing on 22 December 2022, with conditions as to supervision, treatment and rehabilitation.

Dangerous / negligent driving while pursued by police

Driver licence cancelled and disqualified for 12 months, effective from 20 December 2022.

Aggregate 1 day imprisonment. Concurrent. Effective total State term of 1 day, with 1 day reckoned as time already served.

Aggregate 1 day imprisonment. Concurrent. Effective total State term of 1 day, with 1 day reckoned as time already served.

Aggregate 1 day imprisonment. Concurrent. Effective total State term of 1 day, with 1 day reckoned as time already served.

Variation to community correction order imposed on 3 May 2021, to add conditions as to treatment and rehabilitation.

Convicted and sentenced to a community correction order for a period of 12 months, with conditions as to supervision, unpaid community work and judicial monitoring.

Convicted and sentenced to a community correction order for a period of 12 months, with conditions as to supervision, unpaid community work and judicial monitoring.

Convicted and sentenced to a community correction order for a period of 12 months, with conditions as to supervision, unpaid community work and judicial monitoring.

Sentenced to 6 months' imprisonment, with 3 months of that sentence concurrent with the sentence being served at this time.

Contravene community correction order (in relation to the order made on 4 November 2016)

Corrections order cancelled. Sentenced to 6 months' imprisonment.

Corrections order cancelled. Sentenced to 6 months' imprisonment on each count, with 3 months of each count concurrent.

Attempt to obtain financial advantage by deception (in relation to the order made on 4 November 2016)

Corrections order cancelled. Sentenced to 3 months' imprisonment on each count, with 2 months of each count concurrent.

Total 1 year and 4 months' imprisonment for all charges on this date, with 4 months concurrent with sentence being served at this time. New non-parole period of 14 months.

Broadmeadows Magistrates' Court - 18 September 2017

Aggregate 12 months' imprisonment. Base sentence. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Aggregate 12 months' imprisonment. Base sentence. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Licence cancelled and disqualified for 6 months, effective 18 September 2017.

Aggregate 12 months' imprisonment. Base sentence. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Licence cancelled and disqualified for 6 months, effective 18 September 2017.

Aggregate 14 days' imprisonment. Concurrent. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

1 month imprisonment. Cumulative. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

1 month imprisonment. Concurrent. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

14 days' imprisonment. Concurrent. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Fail to give name or address to owner or representative

Driver licence cancelled and disqualified for 12 months, effective from 18 September 2018. Offence committed under the influence of drugs. Order that offender compete Safe Driving Program.

Aggregate 12 months' imprisonment. Base sentence. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

2 months' imprisonment. Cumulative. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Fail to stop motor vehicle on request (re 10 November 2016)

Aggregate 12 months' imprisonment. Base sentence. Effective total State term imposed is 1 year and 3 months. 33 days reckoned as time already served. Non-parole period fixed at 6 months.

Driver licence cancelled and disqualified for a period of 12 months, effective from 29 May 2017.

Driver licence cancelled and disqualified for a period of 2 years, effective from 29 May 2017.

Exceed 70km/h speed sign by 35km/h but less than 45km/h

Suspended from driving for 6 months, effective from 10 November 2016.

Suspended from driving for 6 months, effective from 10 November 2016.

Driver licence cancelled and disqualified for 3 years, effective from 10 November 2016.

Forfeiture order made by consent. Order all drugs/instruments seized to be destroyed.

Licence cancelled and disqualified for 12 months, effective from 10 November 2016.

Licence cancelled and disqualified for 3 years, effective from 10 November 2016.

Convicted and sentenced to a community correction order for a period of 3 years, with conditions as to supervision, unpaid community work, judicial monitoring, assessment and treatment.

Convicted and sentenced to a community correction order for a period of 3 years, with conditions as to supervision, unpaid community work, judicial monitoring, assessment and treatment.

Convicted and sentenced to a community correction order for a period of 3 years, with conditions as to supervision, unpaid community work, judicial monitoring, assessment and treatment.

Convicted and sentenced to a community correction order for a period of 3 years, with conditions as to supervision, unpaid community work, judicial monitoring, assessment and treatment.

Possessing prohibited weapon without exemption or approval

Failure to store category A or B long arm ammunition correctly

Driver licence cancelled and disqualified for 12 months, effective from 2 July 2015.

[1] That is, loading the chamber of the firearm.

[2] That is, electronic funds transfer at point of sale.

[4] That is, subscriber identity module card.

[5] Section 4 of the Bail Amendment Act 2025 (Vic) repealed s 1B(1)(a) of the Bail Act, removing the importance of maximising the safety of the community of persons affected by crime to the greatest extent possible from the list of guiding principles in s 1B, and introduced that principle as a separate matter of overarching importance in a new s 1B(1AA). See also Re MMA (a pseudonym) (Bail Application) (No 2) [2025] VSC 154, [4(a)] (Gorton J).

[6] Bail Amendment (Tough Bail) Bill 2025 (Vic), Explanatory Memorandum, cl 4.

[7] Re SL [2025] VSC 571, [35] (Incerti J).

[8] Re Cartledge (Bail Application) [2025] VSC 177, [41] (Taylor JA).

[9] Bail Act, sch 1, item 3.

[10] Ibid, s 4AA(1).

[11] Ibid, s 4A(1A).

[12] See, for example, Re Brown [2019] VSC 751, [65] (Lasry J), and the cases there cited.

[14] Bail Act, s 4D(a).

[15] Ibid, s 4E(3)(b).

[16] Ibid, s 4E(1).

[17] Hall v Pangemanan [2018] VSC 533, [25] (Croucher J).

[18] Bail Act, s 4E(2).

[19] Ibid, ss 4A(3), 4E(3)(a).

[20] Ibid, s 5AAA(1).

[21] Ibid, s 5AAA(2).

[22] See par 46(6) above.

[23] See par 36 above.

[24] Bail Act, s 4E(1)(a)(iaa).

[25] Under cross-examination, the informant accepted that one of the cell-towers identified could have also indicated that Abdo was at his residence at a relevant time.

[26] See par 71(4) above.