Re Griffin [2020] VSC 626 | Case summary

Supreme Court of Victoria|2020-08-24|Before: LASRY J

The applicant is to be released into the custody of a staff member of The Cottage, 6-8 St Andrews Road, Shepparton, in the State of Victoria ('The Cottage');
The applicant is to reside at The Cottage until further order of the Court;
The applicant must not leave the premises of The Cottage except in the company of a staff member of The Cottage;
The applicant must comply with all lawful directions of the staff at The Cottage;
The informant, or his delegate, may attend at The Cottage from time to time to confirm the applicant's presence at The Cottage;
The applicant is not to contact or associate with, either directly or indirectly, any witness for the prosecution, other than the informant;
The applicant is not to leave the state of Victoria;
The applicant is not to attend at any points of international departure; and
The applicant is to appear at the Supreme Court of Victoria at 9:30 am on 23 November 2020.

[1] Re Application for Bail by Taylor Griffin [2020] VSC 312 [41]-[42] ('earlier bail decision').

[4] Re Application for Bail by Taylor Griffin [3]-[8].

[5] Re Application for Bail by Taylor Griffin [11]-[2], [15]-[7].

[6] Bail Act 4C(1A) and 4AA(2).

[8] Bail Act sch 2, items 1(a), 4, 6, 22(b), 23 and 30.

[10] Rodgers v The Queen [2019] VSCA 214 [43] (citations omitted).

[12] Re Diab [2020] VSC 196 [38].

[15] Re Application for Bail by Taylor Griffin [39].

CRIMINAL LAW - Application for bail - Charges of aggravated burglary, intentionally causing serious injury in circumstances of gross violence, making threats to kill and committing an indictable offence whilst on bail - New facts established - Whether compelling reason exist - Delay caused by COVID-19 - Acceptance in residential drug rehabilitation program - Bail granted on interim basis with conditions - Bail Act 1977 (Vic) ss 3AAA, 4AA, 4C, 4D, 5AAAA, 4E, s 18AA, - Re Application for Bail by Taylor Griffin [2020] VSC 312.

20 As the applicant now raises the effect of the delay caused by the COVID-19 pandemic capable of demonstrating a compelling reason. It is well established that COVID-19 is a surrounding circumstance to be taken into account when determining an application for bail. In his decision of Re Diab [2020] VSC 196, Beach JA, sitting in the Trial Division, said the following in relation to the relevance of the COVID-19 pandemic concerning applications for bail:

Re Griffin [2020] VSC 626 (24 August 2020)

At a glance

Court

Decision date

Before

Source

Judgment (14 paragraphs)

Cases Cited (3)