Re Tran [2026] VSC 110 | Case summary

Supreme Court of Victoria|2026-03-04|Before: Elliott J

For the reasons stated, Tran has demonstrated that a compelling reason exists to justify the grant of bail. Further, in light of the bail conditions that will be ordered, the prosecution has not established there is an unacceptable risk that Tran would, if released on bail, commit a Schedule 2 offence or endanger the safety or welfare of any other person, or otherwise present an unacceptable risk of the kind referred to in section 4E of the Bail Act. Accordingly, bail must be granted.
Bail will be granted on the following conditions, namely that Tran must:

(1) Reside at [the proposed bail address] ("the Residence").

(2) Remain at the Residence between the hours of 8.00pm to 6.00am ("the Curfew Hours").

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

(4) Report to the officer in charge of the Fitzroy Police Station, located at 13 Condell Street, Fitzroy, Victoria 3065, or her or his nominee, once every Monday and once every Wednesday between the hours of and , and once every Friday between the hours of and .

An order will be made by consent of the parties that the respondent pay to Victoria Legal Aid the sum of $1,041.00, being the additional appearance fee incurred by Victoria Legal Aid as a consequence of the adjournment of the hearing of the Tran's application on 3 March 2026.

[1] The client services team at the Neighbourhood Justice Centre provides specialist assessment, referral and case management for clients in areas such as drug use, mental health and employment.

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

[4] Section 1B(1). See also Re SL [2025] VSC 571, [35] (Incerti J).

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

[6] Bail Act, sch 2, item 24(b).

[9] Rodgers v The Queen [2019] VSCA 214, [43] (Beach, Kaye and Ashley JJA).

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

[17] Ibid, ss 4C(3), 4E(3)(a).

[20] See pars 19-22 19 above.

[21] While not yet definitive, further information as to the indicative timing of forensic analysis of the seized substances was provided after these initial submissions were made: see par 17 above.

[22] See pars 31-32 above.

[23] See pars 24, 29 above.

[24] See par 33 above.

[25] See pars 34-39 above.

[26] This assertion made by the respondent in written materials was not pressed at the hearing of the application. See also pars 61, 74 below.

[27] Drugs, Poisons and Controlled Substances Act, s 71AA(1). Despite this maximum penalty, the respondent acknowledged that, as the charge of trafficking in a commercial quantity is an indictable offence triable summarily pursuant to section 28 and Schedule 2 of the Criminal Procedure Act 2009 (Vic), if the primary proceeding remains in the Magistrates' Court then pursuant to sections 113 and 113B of the Sentencing Act 1991 (Vic) there would be a maximum penalty of 2 years' imprisonment on any 1 charge, and a maximum penalty of 5 years' imprisonment on multiple charges for which cumulative sentences of imprisonment taking effect in succession were imposed.

[28] The order made on 5 July 2013 prohibits Tran from attending at their place of residence, amongst other conditions, and is in place until a further order is made.

[30] Compare ibid, s 8(1)(e); see also Re Birchall [2026] VSC 40, [59]; Re JP [2024] VSC 691, [40]; Re Tilley [2024] VSC 274, [59]-[64] and the cases there cited.

[31] Re Tilley [2024] VSC 274, [64].

[32] Tran's solicitors having already emailed the court and the prosecution stating that an interpreter would be required.

[33] These hours were reflective of the presently reduced opening hours of the police station.

Poisons and Controlled Substances Act 1981

Re Tran [2026] VSC 110 (4 March 2026)

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