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[2026] VSC 40
General information, not legal advice.
Supreme Court of Victoria
2026-02-09
Elliott J
Original judgment source is linked above.
(1) Upon release on bail, reside at [the proposed temporary address] ("the Temporary Melbourne Accommodation") for no longer than 2 nights while travel arrangements are made for her journey to Tasmania.
(2) Remain at the Temporary Melbourne Accommodation between the hours of 9.00pm to 7.00am.
(3) Present herself at the front door of the Temporary Melbourne Accommodation between the hours of 9.00pm to 7.00am if and when called upon by a member of Victoria Police to do so.
(4) When she ceases residing at the Temporary Melbourne Accommodation, advise the informant as soon as reasonably possible upon her departure from that address, and travel directly to [the proposed bail address] ("the Residence"), where she is to reside thereafter.
(5) Report daily to [the nominated police station] while residing at the Residence, between the hours of 8.00am and 8.00pm.
(6) Remain at the Residence between the hours of 10.00pm and 7.00am each day ("the Curfew Hours").
(7) Present herself at the front door of the Residence during the Curfew Hours if and when called upon by a member of Tasmania Police or Victoria Police to do so.
(8) Not contact any witness for the prosecution except for the informant or [her eldest son].
(9) Surrender to the informant any passport she holds within 24 hours of release from custody.
(10) Not leave Australia and, subject to further order, not leave Tasmania except with the written permission of the informant in order to return to Victoria.
(11) Undergo urinalysis testing and provide her urine drug screen results to the informant on a fortnightly basis, with the results of the urine test to be provided to the informant within 24 hours of them being obtained.
(12) Be in possession of only 1 mobile phone, and give the informant details of the phone number and International Mobile Equipment Identity number within 24 hours of obtaining the phone.
(13) Undertake a methadone program in the community to be provided by Tasmanian Alcohol and Drug Services commencing on 16 February 2026, including attending for her initial appointment at 11.00am on Monday, 16 February 2026 at [initial appointment address].
(14) Provide confirmation of her participation in a methadone program within 1 week of being granted bail.
(15) Provide documents to the informant that confirm she has been waitlisted or enrolled in drug and alcohol counselling within 1 week of being granted bail, and provide documents to the informant that confirm when she has commenced the drug and alcohol counselling.
(16) Attend the Supreme Court of Victoria at Melbourne at 9.30am on Friday, 27 February 2026 by audio-visual link, unless otherwise ordered, and there surrender and not depart without leave of the court and, if leave is given, return at the time specified by the court and again surrender into custody.
[1] R v Birchall [2025] VSC 170, [42] (Beale J).
[3] Reasons for that decision are yet to be published.
[4] See Bail Act 1977 (Vic), s 3A.
[5] R v Birchall [2025] VSC 170, [1]-[12].
[10] The author is also a case manager.
[11] A letter from the National Disability Insurance Agency dated 17 December 2025 confirmed Birchall's successful application.
[14] Bail Amendment (Tough Bail) Bill 2025 (Vic), Explanatory Memorandum, cl 4.
[15] Re SL [2025] VSC 571, [35] (Incerti J).
[16] Re Cartledge (Bail Application) [2025] VSC 177, [41] (Taylor JA).
[20] See, for example, Re Brown [2019] VSC 751, [65] (Lasry J), and the cases there cited.
[23] Ibid, s 4E(3)(b).
[25] Hall v Pangemanan [2018] VSC 533, [25] (Croucher J).
[28] Ibid, s 5AAA(1).
[29] Ibid, s 5AAA(2).
[31] Her bail conditions included regular urine screens, and compliance with a methadone program.
[32] R v Birchall [2025] VSC 170, [23]-[24] (Beale J).
[38] Both a curfew condition and a daily reporting condition were conditions of bail that Birchall was subject to in the period 10 July 2024 to 12 November 2024. This understanding was reiterated in the affidavit in opposition to the application.
[41] After this submission was made, Birchall's counsel sought instructions and subsequently indicated that because of a bladder condition her client's difficulty primarily related to requiring access to a toilet while travelling, which was not available in a prison truck but would be on a plane to Tasmania.
[42] For completeness, the parties were offered a trial to commence early this month, but issues with counsel availability and legal aid funding meant this date was not feasible. The court was informed that Birchall's counsel still has not yet been confirmed.
[44] Compare ibid, s 8(1)(e); see also Re JP [2024] VSC 691, [40]; Re Tilley [2024] VSC 274, [59]-[64] and the cases there cited.