Re TSP [2026] VSC 127 (13 March 2026)

1 TSP ('the applicant'), is a 23 year-old woman without prior criminal history who applies for bail having been charged with numerous offences allegedly committed over a period dating back to 13 July 2024. The majority of the alleged offences involve quite brazen thefts from retail or commercial premises but a 13 July 2024 matter, involving Informant Smith, concerns alleged offending at a residential address in Carlton.[1]

2 According to the available materials and information provided by the applicant to Ms Chanel Kinniburgh, Manager, Koori Pathways, the applicant is a proud Wamba Wamba, Gunditjmara and Gunaikurnai woman with connections to Gippsland, Swan Hill, Bendigo and the City of Yarra areas.

3 Ms Kinniburgh has provided valuable assistance to the Court by the preparation and provision of a report titled 'Cultural Pathways Plan'.

4 At the bail application hearing on 13 March 2026, the following documents were tendered:

(i) Applicant's affidavit in support of an application for bail dated 27 February 2026 (A1);

(ii) Applicant's supplementary affidavit dated 11 March 2026 (A2);

(iii) Applicant's submissions in support of bail dated 11 March 2026 (A3);

(iv) Court Integrated Services Program ('CISP') report, dated 10 March 2026 (Exhibit A4);

(v) Letter from Women's Housing Ltd, dated 11 March 2026 (Exhibit A5);

(vi) Letter from the Therapeutic Services Manager, Neighbourhood Justice Centre, dated 10 March 2026 (Exhibit A6);

(vii) Letter from Sara Cantwell, St Vincent's Mental Health Clinician, Neighbourhood Justice Centre, dated 10 March 2026 (Exhibit A7);

(viii) Letter from Associate Professor Thileepan Naren, Addiction Medicine Specialist, Dame Phyllis Frost Centre, dated 23 February 2026 (Exhibit A8);

(ix) Letter from Steve Cornell, Victorian Aboriginal Health Service Co-operative Ltd., dated 10 March 2026 (Exhibit A9);

(x) Letter from Tina Sahin, Aboriginal Engagement Worker, Wadamba Prison to Work Program, dated 11 March 2026 (Exhibit A10);

(xi) Letter from Dani Faumuina, Senior Cultural Wellbeing Practitioner, Elizabeth Morgan House Aboriginal Legal Service Inc, dated 27 February 2026 (Exhibit A11);

(xii) Letter from Jaye Moore, Family Violence Case Manager, Djirra, dated 12 March 2026 (Exhibit A12);

(xiii) Certificate of attendance for 'Tuning into Respectful Relationships' program dated February 2026 (Exhibit A13);

(xiv) Applicant's Revised Submissions in support of bail dated 13 March 2026 (Exhibit A14); and

(xv) Cultural Pathways Plan report authored by Chanel Kinniburgh, dated 11 March 2026 (Exhibit A15).

(i) Respondent's affidavit in response, dated 4 March 2026 (Exhibit R1);

(ii) Respondent's supplementary affidavit, dated 10 March 2026 (Exhibit R2);

(iii) Respondent's written submissions, dated 11 March 2026 (Exhibit R3);

(iv) Informant's report, dated 4 March 2026 (Exhibit R4);

(v) Criminal history of co-accused MF, dated variously (Exhibit R5); and

(vi) Further supplementary affidavit of respondent, dated 13 March 2026 (Exhibit R6).

Procedural history, background and summary of outstanding charges

5 The details of the charges currently faced by the applicant and the police summaries of alleged offending covering the period 13 July 2024 to 5 December 2025 have been condensed by the Court and annexed to this ruling as Appendix A. Charges proposed to be withdrawn as part of an agreed resolution are marked with strikeouts.

6 The procedural history has been condensed and provided as Appendix B to this ruling (see also footnote [1] above)

7 There is one co-accused (MF) in relation to all charges, apart from the 13 July 2024 Informant Smith charges, which the applicant is alleged to have committed on her own. The Informant Smith charges of aggravated burglary/attempted aggravated burglary are alternatives and it is understood that the former charge will be withdrawn as part of an agreed resolution, but both charges are Schedule One offences so the present bail application remains subject to the exceptional circumstances test along with the unacceptable risk test.[2]

8 In applying and interpreting the Bail Act 1977 (Vic) ('the Act'), the Court is required to take into account the guiding principles set out in section 1B.

9 As mentioned by Elliot J, in Re Dettman,[3] when discussing the 2025 amendments to the Act:

Section 1B(1AA), which was inserted into the Bail Act in March of this year, 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.

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, 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.

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.

10 As submitted by the applicant, the surrounding circumstances in s 3AAA(1) of the Act must be taken into account in assessing both the exceptional circumstances test, and the unacceptable risk test.[4]

The concept of 'exceptional circumstances' is not defined in the Act. In order for an applicant to demonstrate 'exceptional circumstances', the circumstances must be such as to take the case out of the ordinary or norm so as to justify the grant of bail. It is not designed to be an impossible threshold to reach, and may be reached through a combination of factors which, taken individually, are not exceptional in their own right.

The prosecution bears the onus of demonstrating that the applicant is an unacceptable risk of committing a Schedule 1 or 2 offence, endangering the safety of the public or any person, interfere with witnesses, or [sic] surrendering into custody. The concept of 'unacceptable risk' in the Act does not extend to any risk. The enquiry is whether the risk in question is unacceptable. In assessing whether the accused is an unacceptable risk, the Court must consider whether the risk can be mitigated by any conditions of bail.

Separate to the unacceptable risk test and the exceptional circumstances tests, in making a determination under the Act in relation to an Aboriginal person, the Court must also take into account the matters listed in s 3A of the Act.

12 The applicant's Affidavit in Support includes reference to surrounding circumstances (including personal circumstances) pertinent to s 3AAA of the Act.[5]

13 The applicant is the middle child of three sisters. The applicant was removed from parental care at a very young age and placed in out of home care. She then lived with her maternal grandmother in Bendigo. Her mother was diagnosed with schizophrenia. At 16, the applicant went to live her mother and for a period of time became her mother's primary carer. The applicant occasionally saw her father but was exposed to his abusive behaviour towards his partner. She also witnessed her parents having frequent contact with the criminal justice system, including seeing them in custody. In Year 10, the applicant transferred to a secondary school in Bendigo, but reports experiencing bullying by fellow students, causing her to leave school in Year 10 at the age of 16. She then moved between Melbourne and Bendigo, before settling in Melbourne at the age of 20.

14 In early 2024, the applicant fell victim to a [serious assault] that has caused very significant mental health consequences, leading her to self-medicate with illicit drugs such as heroin, methamphetamine and cannabis. She developed a relationship with the co-offender, MF, in this context.

15 Since being remanded in custody, the applicant has been prescribed opioid replacement therapy. She had never previously received therapy, treatment or rehabilitation in relation to her substance use.

16 The applicant is related to Veronica Nelson, and is aware of Ms Nelson's death in custody.[6] This has heightened the grief and trauma of her own experience of remand.

Determination in relation to an Aboriginal person and s 3A of the Act

17 There is no dispute between the parties that the applicant is an Aboriginal person and she has been recognised as such in the Cultural Pathways Plan, prepared by Chanel Kinniburgh, Manager, Koori Pathways.

18 Section 3A(1) of the Act provides that in making a determination in relation to an Aboriginal person, the Court is required to take into account any issues that arise due to the person's Aboriginality, including those matters which are listed, non-exhaustively, in s 3A(1) of the Act. The requirements under s 3A also recognise that connection to culture can play a significant role in the rehabilitation of an accused person who is Aboriginal.[7]

19 Factors relied on by the applicant relevant to the application of s 3A of the Act include the following:

(a) The impact of abuse, neglect, loss and family violence on the applicant;

(b) The applicant's experience of out of home care as a child;

(c) The applicant's experience of social and economic disadvantage and unstable housing;

(d) The complex presentation of the applicant's psychiatric state and her past diagnosis with Graves' Disease; and

(e) The risk of harm that being in custody poses to the applicant as an Aboriginal person, made tragically relevant to the applicant by Veronica Nelson's death in custody.

20 The Cultural Pathways Plan ('the Cultural report') provides helpful insight into the applicant's circumstances as well as outlining appropriate referral pathways and current progress the applicant is making. It sets out that the applicant has been referred to the Victorian Aboriginal Health Service, ('VAHS'). The applicant has reportedly engaged with Djirra who have confirmed their services would continue to be available should bail be granted, and she has also engaged with the Wadamba Prison to Work Program.

21 The Cultural report indicates a number of difficulties the applicant has faced throughout her life, including:

(a) Being removed from her parents as a baby, leading to her maternal grandmother, LMS, stepping in to raise her and her sister in Bendigo. Her youngest sister, aged 10, is currently being raised by a non-Aboriginal care-giver;[8]

(b) Limited contact with her biological parents during childhood, due to their heroin addiction and inter-generational trauma, and then re-uniting with her parents at age 16;[9]

(c) Being diagnosed with Graves' Disease;[10]

(d) Experiencing trauma stemming from the death in custody of Veronica Nelson; and

(e) Being a victim of [serious assault in 2024] .

22 The Cultural report also provides insight into positive aspects of the applicant's past life and future intentions, including:

(a) That the applicant has had a longstanding involvement in cultural activities, including dancing through a group founded by her maternal Aunt, cultural art making, community fundraising, and sporting activities;[11]

(b) The applicant has had positive employment experiences at John Holland and the Victorian Aboriginal Education Association Incorporated;[12]

(c) The applicant is engaging with the Wadamba Prison to Work Program;[13]

(d) The applicant is interested in obtaining traffic control qualifications and traffic control employment upon any release, with the support of the Wadamba Prison to Work Program;[14] and

(e) The applicant's grandmother remains a supportive figure in her life, and has offered a room in the home if bail were to be granted.[15]

23 Finally, the Cultural report notes that the applicant may consider participating in the Koori Court jurisdiction if her matters resolve by pleas of guilty.[16]

24 The Court received oral evidence from the applicant's maternal grandmother ('LMS') The Court was told that the applicant was raised by her maternal grandmother due to her mother's incapacity.[17] The applicant's grandmother is deeply involved in community and cultural practices, including artwork such as drawing and painting. The applicant's grandmother wishes to encourage the applicant to become re-immersed in art making upon her release. Her grandmother rationalised the incident in 2023, where the applicant pushed her with both hands, as a product of intergenerational trauma and the effects of alcohol on the applicant on the day in question. She said that alcohol is banned in her house. Firm boundaries would be enforced regarding bail conditions. Police would be contacted if the applicant breached any bail conditions. The applicant's grandmother also indicated that she could do with the applicant's domestic help.

25 Finally, the Court received oral evidence from Steve Cornell, Alcohol and Drug Team Leader at VAHS. Mr Cornell testified that VAHS knew of the applicant's family, possibly because the applicant's grandmother had attended an elders' group. If granted bail, the applicant could access the array of VAHS offerings, which include holistic and culturally related activities and supports. Such supports could include:

(a) Two case managers through VAHS, one of whom is a Gunaikurnai-Gunditjmara woman;[18]

(b) Drug and alcohol counselling;[19]

(c) Culturally appropriate Women's Groups on Tuesdays;[20]

(d) A referral available to Dardi Munwurro Women's Groups sessions on Wednesdays, overseen by a Gunaikurnai woman;[21]

(e) The opportunity to engage with VAHS psychiatrists who can assess the applicant,[22] or VAHS psychologists who can assist the applicant in processing traumas;[23]

(f) Capacity to engage with VAHS General Practitioners to continue to undertake opioid replacement therapy;[24]

(g) The likelihood of an appointment with a VAHS alcohol and drug specialist on the business day, following the bail hearing;

(h) Interventions run by First People elders in the community through VAHS;[25] and

(i) The option of being involved in [redacted forms of culturally informed healing sessions].

26 On behalf of the applicant it was submitted that exceptional circumstances can be found as a result of the applicant's disadvantaged upbringing and significant vulnerabilities as an Aboriginal person who has suffered past homelessness and previous family violence, and who has recently suffered poor mental health, personal trauma and substance addiction.

27 Other considerations that weighed in favour of the exceptional circumstances threshold being met were that:

(a) The applicant has no prior convictions and this has been her first time in custody. As at the date of the bail hearing, she will have spent 46 days on remand on the current charges. The applicant's matters at the Melbourne Magistrates' Court have been adjourned to 13 May 2026, by which date she will have spent 105 days in custody if bail were to be denied;

(b) Any sentence to be imposed on the current charges would likely be exceeded by the period of remand, especially considering that some charges are now not being pursued (including the most serious charge of aggravated burglary);

(c) The applicant's mental health history includes that she has been formally diagnosed with a depressive episode, unspecified nonorganic psychosis, acute stress reaction and neglect in upbringing;[26]

(d) The applicant is currently actively engaging in treatment for her opioid addiction (being now on an opioid replacement programme);

(e) The applicant has been offered accommodation with her maternal grandmother, who resides at an address in Mill Park. She has also been selected for the Women's Justice Diversion Program-Women's Housing, which can provide transitional housing support;

(f) The applicant has been recommended for CISP enabling her to access treatment and bail support services in the community;

(g) The applicant has access to Elizabeth Morgan House, a family violence service for Aboriginal women and their children;

(h) The applicant has been referred to the Victorian Aboriginal Health Service for holistic therapeutic support including alcohol and other drug (AOD) counselling, women's groups and [redacted assault] counselling services; and

(i) Wadamba's prison to work outreach support remains available to the applicant if granted bail.

28 The respondent's original submissions placed emphasis on the Schedule 1 aggravated burglary charge submitting that the offence is 'particularly serious'.[27] However, this charge is now proposed to be withdrawn, although the charge of attempt to commit that offence will proceed as part of the proposed resolution of charges.

29 Nevertheless, the respondent concedes that exceptional circumstances may be found based on the following factors:[28]

(a) The applicant is an Aboriginal person;

(b) Time spent on remand could exceed any sentence imposed if bail were to be refused;

(c) The applicant has engaged with mental health services between 2016 and 2022 and while her current diagnosis is unclear, she has previously received diagnoses of depressive episode, unspecified nonorganic psychosis and acute stress reaction and neglect in upbringing;

(d) The applicant's affidavit and the Cultural Pathways Plan indicate that she has been subject to early childhood removal, exposure to violence and intergenerational disadvantage; and

(e) The applicant has no criminal history.

30 Regardless of the concession that it is open for the Court to be satisfied as to exceptional circumstances, the respondent argues that the applicant is an unacceptable risk of:

(a) Endangering the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means pursuant to s 4E(1)(a)(i) of the Act; and/or

(b) Failing to surrender into custody in accordance with the bail undertaking pursuant to s 4E(1)(a)(iv) of the Act.

(a) While the alleged thefts and burglaries are property offences, there is a large volume and persistence of these charges elevating the seriousness of the continued offending;

(b) The applicant is alleged to have continued to offend while on bail, demonstrating contempt for court orders;

(c) The respondent's case on many of the charges is strong as there is CCTV of what occurred;

(d) The applicant is at real risk of not engaging with support services considering her past unwillingness to abide by bail conditions, there being 44 bench warrants from seven missed court dates;

(e) The applicant's co-accused, MF, is currently still at large, and the applicant is at risk of again associating with him and, as a result, re-offending;

(f) Regarding the plan for the applicant to be bailed to live with her maternal grandmother, in 2023 a (now expired) personal safety notice was taken out to protect her grandmother from the applicant based on misbehaviour by the applicant when the applicant was inebriated and in company with an ex-boyfriend at her grandmother's residence; and

(g) Engagement with VAHS is voluntary and VAHS cannot supervise the applicant or force her to continue and seek treatment.

32 The applicant disputes that the respondent can establish unacceptable risk and points to the following matters:[29]

(a) The bail address would be to her maternal grandmother's house in Mill Park. Any concerns based on the incident that occurred in 2023 are no longer relevant and her grandmother was adamant in her support for the applicant returning to live with her;

(b) The applicant is at low risk of or endangering the safety or welfare of any other person, (or committing either a Schedule 1 or Schedule 2 offence) because of the length of time since the alleged commission of the Schedule 1 offence[30] when considered, in tandem, with point [d] below;[31]

(c) Most of the alleged offences against the applicant are less serious property offences and the risks to the public from this kind of offending are not unacceptable;[32]

(d) The applicant has experienced a 'circuit breaker' through one month spent in custody, without use of illicit drugs during this time;

(e) The applicant now has a range of support services and accommodation available in community;[33] and

(f) There is a low risk of the applicant failing to appear for bail because:

(i) She has recently been receiving treatment for her substance misuse;

(ii) She now has support services available, such as CISP and the VAHS (which she also reportedly has high motivation to engage in);[34]

(iii) 15 of the 19 briefs before the Magistrates Court have now been agreed to be resolved; and

(iv) The applicant is aware of the risks that can flow from remand in custody owing to her close family connection to the late Veronica Nelson.

33 Furthermore, the applicant submits that bail conditions can ameliorate the risks of endangering the safety or welfare of persons or failing to answer bail, to an acceptable level. These conditions could include static address, non-association with the co-accused, drug and alcohol treatment and supervision by CISP.

34 The Court is satisfied that due to a combination of circumstances the applicant is able to establish that exceptional circumstances exist to justify the grant of bail. These circumstances include all of the matters listed in [26] and [27] above. Indeed, the respondent appropriately conceded that it was open to the Court to find the exceptional circumstances threshold met.

35 I have also placed weight on the importance of s 3A of the Act, noting that connection to culture is very important for Aboriginal persons exposed to the criminal justice system. In other words, I recognise that the reconnection of an Aboriginal accused with culture can be pivotal in deterring them from persistent offending.[35] In line with this recognition, I have taken into account the valuable cultural support programs offered to the applicant which will assist her rehabilitation and other relevant factors to be considered under s 3A of the Act.[36] I also acknowledge the applicant's grandmother's evidence that the applicant will be encouraged to re-immerse herself in art and cultural practices and community upon her return home. The applicant was described by her grandmother as being talented at drawing.

36 Regarding the issue of unacceptable risk, I am persuaded that the applicant now has access to a variety of psychological and therapeutic supports that will address the impacts of trauma and alcohol and drug dependence.

37 Whilst acknowledging the brazen and persistent nature of the alleged offending by the applicant and her previous failures to answer bail, the prospects of the applicant abiding by bail conditions and avoiding criminality are now much improved owing to the following matters:

(a) The majority of the offences the applicant has been charged with are non-violent in nature, and involve limited harm to the community. The more serious charges laid by Informant Smith date back to July 2024 and have been subject to resolution discussions;

(b) The applicant has now commenced treatment for substance misuse, for the first time, being opioid replacement therapy;

(c) She now has access to safe, static, and secure housing with her grandmother in Mill Park. She also has the opportunity to pursue housing through the Women's Justice Diversion Program-Women's Housing;

(d) The applicant has access to an array of cultural and other support services, including the VAHS;

(e) The applicant has been approved for CISP bail supervision and support;

(f) The applicant is well aware of the risks attached to being remanded in custody due to her close ties to the late Veronica Nelson; and

(g) The applicant has had the circuit breaker created by the 44 days spent in custody on remand.

38 Whilst the 2023 incident at her grandmother's home that led to the family violence safety notice is of some concern, I accept her grandmother's evidence that such behaviour would not be tolerated and would result in the authorities being contacted. I also accept that alcohol is banned from her house and that this ban is strictly enforced. I acknowledge that the 2023 incident occurred within the context of the applicant's reportedly fraught relationship with her ex-partner.[37]

39 I am satisfied that appropriate bail conditions can ameliorate the risks of the applicant endangering the safety or welfare of persons or failing to answer bail. I am therefore satisfied that bail should be granted subject to conditions which will encourage rehabilitation and cultural support.

40 The bail conditions I propose to put in place take account of the factors in s 3A of the Act, providing suitable structure for the applicant to be supervised while on bail while also allowing for informal cultural and kinship supports.

41 In granting bail, the Court encourages the applicant to apply herself to changing the direction of her life. It is in her the power to use the supports offered to her and abide by her bail conditions, and hopefully become a role model for other young Aboriginal women and girls.

42 Once on bail, I observe that it will be critically important for the applicant to avoid contact with MF, who is named as the alleged co-offender on most of the outstanding charges, and who is older than the applicant and has a significant criminal history. Nearly all of the offences are alleged to have been committed in company with MF and he is understood to be still at large and subject to outstanding warrants.

43 Bail is granted, for all of the above reasons, subject to strict conditions provided by the Court.

Appendix A- Charges for which the applicant seeks bail

NB: Strikeouts reflect charges that the Court has been told are proposed to be withdrawn or amended as part of an agreed resolution of charges. This means that the original factual summaries accompanying the charges specified below will likely need to be amended accordingly.

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management ('ICML') List, for further mention

1. Attempted aggravated burglary pursuant to ss 77 and 321 M of the Crimes Act 1958 (Vic) at Carlton North on 13 July 2024
2. Criminal damage pursuant s 197(1) of the Crimes Act 1958 (Vic) at Carlton North on 13 July 2024
3. - to be withdrawn. Burglary pursuant to s 76 of the Crimes Act 1958 (Vic) at Carlton North on 13 July 2024
4. Criminal damage pursuant to s 197( 1) further mention of the Crimes Act 1958 (Vic) at Carlton North on 13 July 2024
5. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Carlton North on 13 July 2024
6. • to be withdrawn

The victims in the matter are [redacted], the accused and the victims are not known to each other. At approximately 7:10AM on Saturday the 13th of July 2024, the accused was in the vicinity of Carlton. A victim was sleeping inside the address and was woken by the accused's screaming. The accused was heard rummaging through bins by the front bedroom window. Witness [redacted] then contacted 000. The accused left behind a 700ml bottle of Jim Bean and an iPhone on the front porch which were seized by Police. At approximately 7:30AM the accused attended the front porch area of [redacted], Carlton. The accused began banging on the window and yelling at the front of the address before smashing the front window and entering the study of the premises. The accused yelled "I'm here" before stealing two HP laptops belonging to [redacted]. The accused was arrested by First Constable Caitlin FAAS and Senior Constable Bowen POTTER in the vicinity of the address pushing a rubbish bin. A search of the accused belongings was conducted and police located two HP branded laptops belonging to the victim. Crime Scene Officers attended the scene and conducted a forensic examination of the scene. Several latent fingerprints were located and lifted on the bottom glass window at [redacted] Carlton. These fingerprints were analysed and found to be a match to the accused. The accused was interviewed and charged and bailed to attend the Neighbourhood Justice Centre on the 11th of September 2024.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Fitzroy on 11 November 2024

On the 11th of November 2024 at 2: 1 0AM, the accused and the co-accused MF entered the [redacted] service station at [redacted] in Fitzroy. The pair spent approximately five minutes in the store taking various food items in their possession. Total value of the stolen property was $62.90. The accused and co-accused ran from the store making no attempt to pay. The incident was captured on CCTV. On the 3rd of January 2025, Senior Constable Brianna SMITH and Senior Constable Whitney SUTTON arrested the accused before transporting her to Richmond Police Station where she was charged and bailed to appear at the Collingwood Neighbourhood Justice Centre on the 5th of March 2025.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft of motor vehicle pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 29 December 2024

- summary to be amended to reflect charged as passenger in a stolen motor vehicle.

On the 28th of December 2024, a victim's vehicle was parked outside 28 Bonham Place, Richmond. The victim reported his vehicle stolen. At 12:49PM on the 29th of December 2025, the vehicle arrived at the Melbourne Clinic Carpark located on Tweenie Place, Richmond. The accused and co-accused exited the vehicle and ran towards [redacted] Richmond arriving at 12:55PM. Prior to arriving the accused removed his white T-Shirt and gave it to the accused to wear. On the 4th of February 2025, the accused was arrested at the Heidelberg Police Station. The accused was interviewed and charged and bailed to appear at the Collingwood Police Station on the 19th of March 2025.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 2 January 2025

- to be amended to Attempted theft pursuant to ss 74 and 321M of the Crimes Act 1958 (Vic) at Collingwood on 2 January 2025.

At approximately 1 :45PM on the 2nd of January 2025, the accused attended Coles located at [redacted] Collingwood. The accused was in company with the co-accused MF at the time of the offence. The accused and co-accused selected $323.13 worth of items from the shelves and placed them inside a large black bag. The accused walked through to the self-service area of the store, making no attempt to pay for the items. Loss Prevention Officers confronted the accused and co-accused and recovered the items. The incident was captured on CCTV. The accused was arrested by First Constable Andrew CORKER and Constable Ryan ELLIS on the 5th of February 2026 and was released pending summons.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Trespass pursuant to s 9(1)(e) of the Summary Offences Act 1966 (Vic) at Carlton on 16 July 2025
2. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 21 July 2025 - particulars to be amended to '21 to 22 July 2025' and '$1602.92'.
3. - to be withdrawn, rolled up with charge 2.

At approximately 10:40PM on the 16th of July 2025, the accused and co-accused MF attended [redacted] Carlton. The accused and co-accused approached the building via a walkway off [redacted] where they were captured on the buildings CCTV cameras. As they entered the walkway the accused and co-accused began attempting to gain entry to the building via multiple unlocked doors. The accused and co-accused entered the building and walked inside the lift. CCTV depicted the co-accused holding a small gunmetal grey coloured revolver which was wrapped in electrical tape. At approximately 10:45PM the accused and co-accused exited the building via the same door that they entered and were approached by a security guard from the University of Melbourne where they were spoken to briefly. Body Worn Camera Footage from the security guards depicts the co-accused in possession of a firearm. At approximately 3:40PM on the 21st of July 2025, the accused and co-accused entered [redacted] Collingwood. The accused and co-accused walked to the spirits section and selected a range of items to the value of $777.98. The accused and co-accused left the store and made no attempt to pay for the items. The accused and co-accused reattended the same store on the 22nd of July 2025 at 2:19PM with the co-accused. The pair selected a range of items from the spirits section to the value of $824.94. The accused and co-accused left the store without making any attempt to pay for the items. On the 22nd of July 2025, the accused and co-accused were arrested by Senior Constable Mikka KOSTER. The accused and co-accused were conveyed to the Melbourne West Police Station for processing. The accused was bailed to appear at the Neighbourhood Justice Centre on the 3rd of September 2025.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Attempted theft pursuant to ss 74 and 321M of the Crimes Act 1958 (Vic) at Clifton Hill on 6 July 2025
2. Criminal damage pursuant to s 197( 1) of the Crimes Act 1958 (Vic) at Clifton Hill on 6 July 2025

On Sunday the 6th of July 2025, between 12:00AM and 2:45AM a White Toyota Hiace Van bearing registration plates "X" was parked outside [redacted], Fitzroy North. The victim noticed the registration plates from the vehicle were missing and reported the incident to Police. On Sunday the 6th of July 2025, at approximately 3:00AM at [redacted], Clifton Hill CCTV captures a white Mitsubishi sedan bearing registration plates "X" parking out the front of the Collection Deposit Scheme vending machine. The accused and co-accused reversed the vehicle into the carpark to access the machine. The accused and co-accused attempted to steal cash from the machine and accessed the vending machine by breaking locks on the front door where the cans and bottles are inserted. The accused and co-accused found that the machine was empty and attempted to close the door of the vending machine causing damage. Unable to secure any items of value, the accused and co-accused decamped. Total value of the damage was $12,000. The accused and co-accused were identified via CCTV footage. The accused and co-accused were arrested by Sergeant Luke VAN ROOYE on the 22nd of July 2026 [sic, presumed to be meant 22nd of July 2025]. The accused was charged and bailed to appear at the Collingwood Neighbourhood Justice Centre on the 3rd of September 2025.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 8 July 2025

At approximately 4:40PM and 4:44PM on Tuesday the 8th of July 2025, a victim parked his vehicle being a Toyota Prius Sedan bearing registration X outside [redacted], Collingwood. While the victim was waiting for his friend, the accused and co-accused MF were seen loitering in the building where the victim's vehicle was parked. On Sunday the 6th of July 2025, at approximately 3:00AM at [redacted], Clifton Hill CCTV captures a white Mitsubishi sedan bearing registration plates "X" parking out the front of the Collection Deposit Scheme vending machine. The co-accused smashed the rear passenger side window and took a backpack containing various personal items of the victims. The accused kept a look out for any passers-by. The accused was identified via CCTV. The accused was arrested by Senior Constable Llewlyn SHABAN on the 12th of November 2025. The accused was remanded in custody.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 13 July 2025
2. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 20 July 2025
3. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 21 July 2025
4. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 1 September 2025
5. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 3 September 2025
6. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 6 September 2025
7. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 7 September 2025
8. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 14 September 2025

On The 13th of July 2025 at 5:41 PM, the accused and co-accused MF attended [redacted] located at [redacted], Richmond. The accused and co-accused attended the spirits area and stole various alcoholic drinks to the value of $445.00. The accused and co-accused left without making any attempt to pay for the items. On the 20th of July 2025 at approximately 2:44PM, the accused and co-accused attended [redacted] and stole various alcoholic drinks to the value of $274.00. The accused and co-accused left the store without making any attempt to pay for the items. On the 21st of July 2025 at 7:00PM, the accused and co-accused attended [redacted] . The accused and co-accused attended the spirits area and stole various alcoholic drinks to the value of $384.00. The accused and co-accused left the store without making any attempt to pay for the items. On the 1st of September 2025 at 5:06PM, the accused and co-accused attended [redacted] . The accused and co-accused attended the spirits area and stole various alcoholic drinks to the value of $864.00. The accused and co-accused left the store without making any attempt to pay for the items. On the 3rd of September 2025 at 1:24PM, the accused and co-accused attended [redacted] and stole various alcoholic items to the value of $1277.00.

The accused and co-accused left the store without making any attempt to pay for the items. On the 6th of September 2025 at 10:48AM, the accused and co-accused attended [redacted] and stole various alcoholic items to the value of $429.00. The accused and co-accused left the store without making any attempt to pay for the items. On the 7th of September 2025 at approximately 3:26PM, the accused and coaccused attended [redacted] and stole various alcoholic items to the value of $694.00. The accused and co-accused left the store without making any attempt to pay for the items. On the 14th of September 2025 at approximately 7:38PM the accused and coaccused attended [redacted] and stole various alcoholic items to the value of $784.90. The accused and co-accused left the store without making any attempt to pay for the items. Each incident was captured on CCTV footage and the accused and co-accused were identified by Senior Constable Abraham BOOKER. On the 12th of November 2025 at approximately 9:20AM the accused was arrested in the loading dock of [redacted] by Senior Constable Llewlyn SHABAN and transported to the [rest of sentence missing]. The accused was remanded in custody.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Melbourne on 23 June 2025

At approximately 3:30PM a victim was in the Melbourne CBD travelling on her e-scooter. The victim parked her e-scooter outside [redacted], Melbourne and secured it to a pole. At approximately 4:00PM the accused and co-accused MF approached the e-scooter which was still locked to a pole. The co-accused pulled the pole out of the support in the ground and freed the escooter. The accused took the e-scooter and moved it onto the road while the co-accused fixed the pole back into place. The accused and co-accused both mounted the e-scooter and took off west bound down Collins Street, Melbourne. The incident was captured on CCTV and the accused and co-accused were identified by Senior Constable Elise SIM. The accused was arrested on the 12111 of November 2025, by Senior Constable Llewellyn SHABAN. The accused was transported to the Heidelberg Police Station and a remand was sought.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 17 September 2025

At approximately 10:42AM on the 17th of September 2025 at 10:42AM the accused attended [redacted] located at [redacted], Collingwood with the co-accused MF.

The accused and co-accused walked directly to the whiskey section and put various alcoholic drinks in their basket to the value of $1294.91. The accused and co-accused left without making any attempt to pay. The incident was captured on CCTV and the accused and co-accused were identified by First Constable Zara ZUKOWSKI. The accused was arrested on the 12th of November by Senior Constable Llewlyn SHABAN. The accused was transported to the Heidelberg Police Station and a remand was sought.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 10 September 2025

At 4:04PM on the 10th of September 2025, the accused and co-accused MF entered [redacted] at [redacted] located on [redacted] Richmond. Lost Prevention Officers spotted the accused and co-accused selecting a plastic bin from the shelf and placing multiple grocery items inside it. The accused attended the self service checkout at approximately 4:13PM AND began scanning items and placing them into a Coles chiller bag. The accused and co-accused exited the store with the stolen items and made no attempt to pay for them. The incident was captured on CCTV footage and the accused and co-accused were identified by Senior Constable Matthew Offer. The accused was arrested on the 12th of November by Senior Constable Llewlyn SHABAN. The accused was transported to the Heidelberg Police Station and a remand was sought.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 9 September 2025
2. - to be withdrawn, rolled up with charge 1.

At approximately 12:26PM on the 9th of September 2025 the accused and coaccused MF attended [redacted] located at [redacted], Collingwood. The accused and co-accused walked to the whiskey aisle and stole approximately $1804.84 worth of spirits. The accused and co-accused left the store and made no attempt to pay for the items. On the 10th of September 2025, at 10: 11 PM the accused and co-accused reattended the same store with the co-accused and filled a basket with a large amount of alcohol to the value of $877.92 The accused and co-accused left the store and made no attempt to pay for the items. The incident was captured on CCTV and the accused was identified by Senior Constable David HENRICKSON. The accused was arrested on the 12th of November by Senior Constable Llewlyn SHABAN. The accused was transported to the Heidelberg Police Station and a remand was sought.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 22 September 2025.
2. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Collingwood on 22 September 2025
3. Burglary pursuant to s 76(1) of the Crimes Act 1958 (Vic) at Fitzroy on 23 September 2025
4. Criminal damage pursuant to s 197(1) of the Crimes Act 1958 (Vic) at Fitzroy on 23 September 2025.
5. Trespass pursuant to s 9(1)(e) of the Summary Offences Act 1966 (Vic) at Fitzroy on 23 September 2025
6. Fail to answer bail pursuant to s 30(1) of the Bail Act 1977 at the Neighbourhood Justice Centre on September 2025
7. Possess a drug of dependence (cannabis) pursuant to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) at Richmond on 12 November 2025
8. Possess a drug of dependence (heroin) pursuant to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) at Richmond on 12 November 2025.
9. Possess a drug of dependence (methylamphetamine) pursuant to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) at Richmond on 12 November 2025

At approximately 1:50PM on the 22nd of September 2025, the accused and coaccused MF attended [redacted] located at [redacted], Fitzroy. The co-accused walked to the whiskey section and filled up his bag with multiple bottles of alcohol to the value of $1040.90. The accused stayed out the front of the store and kept a look out for passersby. The accused and co-accused exited the store with the stolen items and made no attempt to pay for them. At approximately 5:09PM on the 22nd of September 2025, The accused and coaccused attended [redacted] located at [redacted], Collingwood. The accused and co-accused walked straight to the spirits aisle and stole multiple bottles of alcohol to the value of $758.00. The accused and co-accused, exited the store with the stolen items. The accused and co-accused were identified via CCTV by Senior Constable Cassandra MALIETZIS. At approximately 2:01AM of the 23rd of September, the accused and co-accused arrived at [redacted] Hotel located at [redacted], Fitzroy. The co-accused kicked the bottom panel of the glass front door causing it to break. The accused and co-accused entered the foyer area via the broken door and attempted to open the internal doors to multiple rooms within the building however all of them were locked. The accused and co-accused returned a short time later and attempted to kick open the rear doors of the premises unsuccessfully. The accused and co-accused were identified via CCTV footage. On the 12th of November 2025, the accused was arrested by Senior Constable Llewlyan SHABAN. Senior Constable Cassandra MALIETZIS conducted a safety and evidence search of the accused and found a plastic container in the accused's waistband containing heroin, cannabis and methylamphetamine. The accused was transported to the Heidelberg Police Station and remanded in custody.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft of motor vehicle pursuant to s 74 of the Crimes Act 1958 (Vic) at Melbourne 21 August 2025
2. - to be withdrawn.
3. • to be withdrawn
4. Burglary pursuant to s 76(1) of the Crimes Act 1958 (Vic) at Fitzroy North on 22 August 2025
5. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Fitzroy North on 22 August 2025
6. Commit indictable offence whilst on bail pursuant to s 308 of the Bail Act 1977 (Vic) at Melbourne on 21 August 2025
7. • to be withdrawn
8. • to be withdrawn

At 7:00PM on the 21st of August 2025, the accused and co-accused MF are captured on CCTV walking along [redacted] in Melbourne. At about 7:02PM the accused and co-accused enter a motor vehicle X being a 2025 Toyota Corolla and steal it by driving the vehicle away from this location. The incident is captured on CCTV and depicts the co-accused as the driver and the accused in the passenger. At approximately 1:20AM on the 22nd of August 2025, the accused and coaccused attended [redacted] located at [redacted], North Melbourne. The accused and co-accused are captured on CCTV footage utilising the stolen motor vehicle X to ram the front glass door to gain entry into the premises and drive away. The co-accused is captured as exiting the driver's seat of the vehicle and entering the car dealership while the accused remains in the vehicle. The accused was arrested on the 12th of November by Senior Constable Llewlyn SHABAN. The co-accused is inside the dealership for approximately for approximately one minute and attempted to steal a prestige motor vehicle being a 2018 Holden Camara bearing registration plate X. The co-accused was unsuccessful and returned to vehicle X and drove away. At approximately 2:00AM on the 22nd of August 2025, the accused and coaccused attended a pharmacy located at [redacted] Fitzroy North. The co-accused used motor vehicle X to ram the front doors of the pharmacy to gain entry. The co-accused parked the vehicle away from the pharmacy. The accused and co-accused are then captured on CCTV returning on foot and entering the pharmacy. They remove money from the still and steal various medications. The accused and co-accused leave the scene in the stolen motor vehicle and are captured on CCTV returning at 2:07 AM stealing further medications and re-enter the stolen motor vehicle and leave the scene. The accused and co-accused return a third time and re-enter the pharmacy at approximately 2:15AM. Both are captured on CCTV entering the pharmacy on foot and stealing more medication and returning it to the stolen vehicle. At about 2:20AM Victoria Police personnel responded to the incident and the accused and co-accused drove past at a fast rate at speed. Police were unable to locate the motor vehicle. The accused and co-accused drove the stolen vehicle X and parked in [redacted] on ROAD. Investigators secured the motor vehicle and seized an imitation firearm and a number of other items. CCTV depicts the accused and co-accused fleeing the vehicle 10 minutes earlier. Latent fingerprints were returned from inside the vehicle to a match for the accused and co-accused. Approximately $5000 worth of medication was stolen $45,0000 worth of damage was done to the door. The accused was arrested on the 12th of November 2025 by Senior Constable Llewellyn SHABAN.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 31 October 2025
2. • to be withdrawn
3. Discharge missile pursuant to s 7(g) of the Summary Offences Act 1966 (Vic) at Richmond on 31 October 2025

On the 31st of October 2025, the accused entered [redacted] located at [redacted] with the co-accused MF. The accused and co-accused started filling their bag with hair products. Staff recognised the accused and co-accused and attempted to restrain them. The accused grabbed a haircare item during the scuffle and threw it at a staff member hitting her in the chest area and fled the scene towards [redacted] . The incident was captured on CCTV and the accused was identified via an internal circular. The accused was arrested on the 12th of November 2025 by Senior Constable Llewellyn SHABAN.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 8 September 2025
2. Obtain property by deception pursuant to s 81(1) of the Crimes Act 1958 (Vic) at Melbourne on 8 September 2025
3. Obtain property by deception pursuant to s 81(1) of the Crimes Act 1958 (Vic) at Melbourne on 8 September 2025
4. Obtain property by deception pursuant to s 81(1) of the Crimes Act 1958 (Vic) at Melbourne on 8 September 2025
5. Obtain property by deception pursuant to s 81(1) of the Crimes Act 1958 (Vic) at Melbourne on 8 September 2025
6. Obtain property by deception pursuant to s 81(1) of the Crimes Act 1958 (Vic) at Melbourne on 8 September 2025

On Monday the 8th of September 2025 at approximately 12:00PM a victim was shopping at [redacted] located at [redacted]. At approximately 12.17PM he accused and co-accused MF attended and stole the victims brown wallet which contained a Commonwealth Bank card and NAB bank card. Both debit cards were used by the accused and co-accused in a total of 16 different transactions at 8 different locations. AII incidents were captured on CCTV and the accused was identified by Senior Constable Elise SIM. The accused was arrested on the 12th of November 2025 by Senior Constable Llewellyn SHABAN.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Fail to answer bail pursuant to s 30(1) of the Bail Act 1977 at the Neighbourhood Justice Centre on 20 November 2025

On Monday the 25th of November 2025 at approximately 4:30PM Police members were conducted routine patrols in the Richmond Area. The accused was observed by police members in company of the co-accused MF. The accused was arrested and transported to the Boroondara Police Station and a remand was sought.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Theft pursuant to s 74 of the Crimes Act 1958 (Vic) at Richmond on 8 November 2025

On Saturday the 8th of November 2025 at approximately 2:57PM the accused and co-accused MF attended [redacted] at [redacted], Richmond. The accused and co-accused walked to the Whiskey section and stole multiple alcoholic beverages to the value of $290.00 and left the door making no attempt to pay for the items. The accused was arrested on the 1st of December 2025 at approximately by Constable AGEAR.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Next listed: 2 March 2026 at Melbourne Magistrates' Court, Intensive Case Management List, for further mention

1. Fail to answer bail pursuant to s 30(1) of the Bail Act 1977 at the Neighbourhood Justice Centre on 5 December 2025

On Saturday the 27th of January 2025 [sic, presumed to be 27 January 2026] the accused was arrested for multiple outstanding bench warrants for failing to answer bail. The accused was remanded in custody.

Bail refused at Melbourne Magistrates' Court, ICML, on 24 February 2026

Alleged offending of all matters, save for the matters of Informants Winkler and Banks-Canfor that occurred on 5 December 2025 and 25 November 2025 respectively.

Applicant is arrested and remanded by Informant Malietzis.

Transported to Heidelberg Magistrates' Court for remand

hearing. The matter is adjourned to the Neighbourhood

Justice Centre ('NJC') Magistrates' Court on 13 November

Applicant appears before the NJC Magistrates' Court and

makes an application for bail on all matters, save for the

Applicant fails to appear at the NJC Magistrates' Court.

Applicant is arrested and remanded in respect of the matter

Applicant appears before the NJC Magistrates' Court and

makes an application for bail on all matters, save for the matter of Informant Winkler.

Magistrate grants bail. All matters are adjourned to 5 December 2025 for mention.

Applicant fails to appear at the NJC Magistrates' Court.

Applicant is arrested and remanded in respect of the matter

Applicant appears before Bail and Remand Court. No application for bail is made.

Magistrate adjourns all matters for mention in the Intensive Case Management List ('ICML') of the Melbourne Magistrates' Court (MMC) on 10 February 2026.

Applicant applies for an adjournment for matters to be

Magistrate refuses that application and adjourns all matters to further mention on 19 February 2026 at MMC.

All matters are adjourned for a bail application on 24

Application for bail made in respect of all matters.

Magistrate refuses bail. All matters adjourned for mention in ICML at MMC on 2 March 2026.

Application for bail initiated in the Supreme Court

All matters are listed for mention in the ICML MMC.

All matters adjourned to 13 May 2026 in the ICML MMC. Matters of Informants Sim, Russell, Tosev and Malietzis are adjourned to contest mention. All other matters are noted as agreed to be resolved.

Matters of Informants Sim, Russell, Tosev and Malietzis listed for contest mention at MMC.

All other matters listed alongside, pending outcome of contest mention.

[1] See the charges connected to Informant Smith in the Applicant's Affidavit in support of an application for bail dated 27 February 2026, [2]. NB: After the date of the filing of the present bail application a mention in these proceedings took place in the Intensive Case Management List ('ICML'), Melbourne Magistrates Court of Victoria on 2 March 2026. The outcome of this mention was that all outstanding matters were adjourned to 13 May 2026 in the ICML. Matters of Informants Sim, Russell, Tosev and Malietzis were adjourned to contest mention. All other matters were noted as resolved. These matters have been noted in Appendix B, which will be discussed shortly.

[3] [2025] VSC 750 [46]- [49].

[4] Applicant's written submissions dated 11 March 2025, [5]-[8].

[5] Applicant's affidavit dated 27 February 2026, [38]-[49], then [53]-[60], then [43]-[44].

[6] See, for instance, Inquest the Passing of Veronica Marie Nelson (Coroners Court of Victoria, State Coroner McGregor, 30 January 2023) at [1]: 'Veronica Marie Nelson, a proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman, passed away in the State's custody on 2 January 2020. She was remanded in custody at the time of her passing, having been refused bail for relatively minor, non-violent offences.'

[7] HA (a pseudonym) v The Queen [2021] VSCA 64, [58].

[8] Cultural Pathways Plan report by Chanel Kinniburgh, dated 11 March 2026, at [2].

[10] This diseases is described in the Cultural report as an autoimmune condition affecting the thyroid which can impact heart function, bone health and overall physical wellbeing.

[16] The Koori Court was said to not be available at the NJC.

[26] Letter of Sara Cantwell, St Vincent's Mental Health Clinician, Neighbourhood Justice Centre, dated 10 March 2026

[27] Respondent's written submissions dated 11 March 2026, [21].

[28] Respondent's written submissions dated 11 March 2026.

[29] Applicant's written submissions dated 11 March 2026, [24].

[30] (Now said to be an attempted aggravated burglary allegedly committed in July 2024).

[31] Applicant's written submissions date 11 March 2026, [20].

[34] Letter from Jaye Moore, Family Violence Case Manager, Djirra, dated 12 March 2026.

[35] HA (a pseudonym) v The Queen [2021] VSCA 64, at [58].

[36] While cultural support is generally also offered for Aboriginal persons in custody this factor does not address the issue of over-representation of Aboriginal persons in custody.

[37] The ex-partner was ultimately subject to family violence conditions naming the applicant as the affected person.