Re Ning [2020] VSC 609 | Case summary

Supreme Court of Victoria|2020-09-17|Before: LASRY, J

The applicant is not to leave the State of Victoria;
The applicant is not to attend at any international points of departure; and
The applicant is to appear at the Melbourne Magistrates' Court on 4 November 2020 and thereafter as directed by that Court.

[1] County Court of Victoria, 'Revised Relisting Schedule of Melbourne Criminal Trials commencing in January 2021' (3 September 2020).

[2] Bail Act 1977 (Vic) ('').

[3] Specifically, trafficking in a large commercial quantity of a drug of dependence. See the Act sch 1 item 6(a).

[7] Re CT [2018] VSC 559 [64] ('Re CT') citing Re Sam [2017] VSC 91.

[8] Re CT [65] Re Fairest [2015] VSC 375.

[9] Bail Act ss 4A(4) and 4D(1)(a).

[11] See eg Re Broes [2020] VSC 128; Re McCann [2020] VSC 138; Re Assaad [2020] VSC 561.

63 The issue of flight was recently considered by Beale J in the matter of Re Biba [2020] VSC 536. In that case, the applicant was an Albanian citizen with the majority of his family residing in Albania, the applicant and his brother had arrived in Australia on a false passports, and his brother had been recently accused of using a false passport in the context of another offence. In those circumstances, Beale J found that there were exceptional circumstances justifying the grant of bail but refused bail on the basis that the applicant was an unacceptable risk of flight. In making his determination, his Honour referred to what the Court of Appeal said in Barbaro v CDPP [2009] VSCA 26; (2009) 20 VR 717:

Re Ning [2020] VSC 609 (17 September 2020)

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