Charges: Contravention of a family violence safety notice intending to cause harm or fear for safety x 1; Destroying or damaging property x 1; Aggravated burglary x 1; Attempted murder x 1; Intentionally causing serious injury x 1; and Recklessly causing serious injury x 1.
Case type: Bail application.
Facts: The applicant attended the house of his former partner and her new partner (the victim), and forced his way in by breaking the window (-). The applicant stabbed the victim’s head and hands with a piece of broken glass, leaving him with permanent injuries ().
Issues: The applicant was required to ‘show cause why his detention was not justified’, under various sub-sections of s 4(4) of the Bail Act 1977 (Vic). For example, the appellant was charged with contravening a family safety notice in which he was alleged to have used violence and, in the previous 10 years, had been found guilty of the same charge (s 4(4)(ba)(i)) ()..
Decision and Reasoning: Bail was refused.
The applicant had argued that because he has been given notice that he is an unlawful non-citizen, he would be put straight into immigration detention and therefore would not pose a risk of committing another offence ().
Priest JA held that there was an unacceptable risk that the applicant would commit further offences against his former partners. Most importantly, the applicant had a history of breaching family violence orders (). Therefore, the risk of the applicant committing further violence could not be mitigated by strict bail conditions (). Furthermore, there was no guarantee that the applicant would be put straight into immigration detention (, ).