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R v. Bayley

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by

bianca jurukovski

on 17 May 2015

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Transcript of R v. Bayley

The Queen v Bayley [2013] VSC 313
www.crimejusticejournal.com
Charge 1 (murder):
Life imprisonment

Charge 2 (rape):
15 years imprisonment


Sentence:
(Plea of guilty resulted in a sentence discount from the initial life imprisonment, without parole)
26 Sept. 2013 - Bayley appealed to the Supreme Court of Victoria Court of Appeal
Argued:
min. sentence was too long
statement of intent to kill was false
21 Oct. 2013- application was refused
Crimes Act 1958
Murder
(SECT 3)
- Max. penalty is life imprisonment
- Convicted for intentionally causing the death of Meagher with "malice aforethought"
Rape
(SECT 38)
- Max. penalty is 25 years imprisonment
- Convicted for engaging in a sexual act with Meagher without consent and with intention

Sentencing Act 1991
Had to regard the protection of the community when determining sentence due extensive history of serious violent and sexual offences (s6D(a))
Charge 2 is served cumulatively on charge 1 and on uncompleted sentences (s6E)
Fixing a new N.P.P-35 years- due to many sentences which Bayley is to serve (s 14,16(3B))
Plea of guilty resulted in Bayley receiving a sentence discount (s6AAA)

Sexual Offenders Registration Act 2004
- Reporting obligation apply if Bayley is released from gaol (s11)
RELEVANT LEGISLATION
http://www.justice.vic.gov.au/utility/news+archive/adult+parole+board+engages+community
R v. BAYLEY
Bianca Jurukovski
APPEAL:
FACTS:
Charges:
DECISION.....
ISSUES RAISED BY R V. BAYLEY
Total effective sentence:


Life imprisonment, with a non-parole period of 35 years
The sentence imposed on charge 2 is served cumulatively on charge 1
•Case concerned the offences of rape and murder of Gillian Meagher by Adrian Ernest Bayley in Melbourne, Victoria.

21 September, 2012:
Meagher attended a party for one of her co-workers in the City.
Following the assault, Meagher became aggressive; to “quieten her”, Bayley held her down, maintaining pressure on her neck until she stopped moving.
4:26am- Bayley drove out to the country (Gisborne South), burying Meagher in a shallow grave by the road.

24-27 September, 2012
24 Sept: Bayley attempted to eradicate evidence
27 Sept: With evidence from CCTV footage, City Link motorway records, telephone data, and witnesses; Bayley was arrested.

28 September, 2012:
Initially denying involvement, Bayley confessed to the rape and murder of Meagher. Bayley was charged.

22 Saturday September, 2012:
1.00am – left the bar to attend another another bar for a last drink.
1:30am- Meagher left for home

2013- Court proceedings
5 April: Bayley pled guilty to the rape and murder of Meagher.
11 June: appeared in court for a plea hearing,
19 June: Bayley was sentenced

The key areas of concern:
Parole regulations in Victoria and NSW:
In 2013, new parole laws in Victoria
Make breaching parole terms a criminal offence- penalty includes "up to three months jail, and/or a $4200 fine"
Police are required to notify the parole board of any breach , and have the power to reclaim the offender (
Corrections Amendment (Breach of Parole) Act 2013(VIC
)) . In instances of “sex offenders and serious violent offenders [reoffending] on parole(eg. Bayley), their parole will automatically be cancelled” (
Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013
)
In 2014, the NSW The Bail Act was ammended; help ensure the safety of the community where defendants assessed as an “unacceptable risk” and “charged with serious offences” (
Dole, N. 2014
) will be refused bail.

Media coverage that the case received:
Development of hate pages towards Bayley raised legal concerns of ‘trial by social media’.
Concern that negative comments would damage legal proceedings, resulting in an "incapacity to prosecute" Bayley
(
Lowe, A. (2012)
Despite attempts to remove such pages, the Victorian Police were unsuccessful.
Prompted discussion on whether law reform is necessary to address social media’s impact on the jury system.
Failures in the legal system that had led to a large public outcry and legislative reforms.
Pressures from the public, media, and lobby groups to amend the law; partaking in marches
Great public outcry from the case highlighted the failures in the legal system- parole
Public pressure contributed to legal amendments and political action- "internal police review [was commissioned, finding] 16 serious sex offenders in Victoria unmonitored"; they are now monitored. Board also found up to "60 cases where serious violent/sexual offenders remained free after breaching parole conditions" (
Silvester, J. (2013)
); resulted in parole reforms and the Fugitive Squad
CCTV footage (Meagher- top; Bayley bottom)-http://www.abc.net.au/news/2012-09-26/police-release-cctv-images-of-missing-woman/4281096
(Meagher- top; Bayley bottom)-http://www.abc.net.au/news/2012-09-26/police-release-cctv-images-of-missing-woman/4281096
Sydney Rd in Brunswick for a peace march down in memory of Jill Meagher,

http://www.irishtimes.com/blogs/generationemigration/2012/10/05/when-things-go-wrong-far-from-home/jill-meagher-march/
1:35-1:38am- Meagher spoke to her brother by mobile phone Approx 550 meters from home, came into contact with Bayley who offered help as she appeared “distraught”; she "flipped him off"
Bayley walked in front of Meagher on Sydney Rd turning into Hope St until she reached the first lane off Hope Street, at which point time he attacked Meagher. She reacted by stepping back and slapping him. He then “lost it” and dragged her into the laneway and raped her.
Bayley v The Queen [2013] VSCA 295
Bibliography:


ABC. (2013) ‘Adrian Bayley to serve at least 35 years in jail for rape and murder of Jill Meagher’, ABC News, http://www.abc.net.au/news/2013-06-19/adrian-bayley-sentenced-for-rape-and-murder-of-jill-meagher/4764318 [Accessed: 1/5/2015]
• ABC. (2013) ‘Victoria's to tighten parole laws in wake of Jill Meagher's murder, to be 'the toughest in Australia'’, ABC News, Available: http://www.abc.net.au/news/2013-06-25/tougher-parole-laws-in-response-to-jill-meagher27s-murder2c-t/4778982 [Accessed: 30/4/2015]
• Afflick, R. (2012) ‘Social media fear in Jill Meagher's case’, The Courier, Available: http://www.thecourier.com.au/story/370564/social-media-fear-in-jill-meaghers-case/ [Accessed: 3/5/2015]
• Akerman, P. (2012) ‘Social media could impact jury trial of Jill Meagher's alleged killer Adrian Ernest Bayley’, News- The Australian, Available: http://www.theaustralian.com.au/news/social-media-could-impact-jury-trial-of-jill-meaghers-alleged-killer-adrian-ernest-bayley/story-e6frg6n6-1226485743514 [Accessed: 30/4/2015]
• Akerman, P. (2013) ‘Victoria brings in stricter parole laws after Jill Meagher murder’, National Affairs- The Australian, Available: http://www.theaustralian.com.au/national-affairs/state-politics/victoria-brings-in-stricter-parole-laws-after-jill-meagher-murder/story-e6frgczx-1226669510864 [Accessed: 30/4/2015]
• Anon. (2015). ‘Death of Jill Meagher’, Wikipedia, Available: http://en.wikipedia.org/wiki/Death_of_Jill_Meagher [Accessed: 30/4/2015] appreciate nurturer
• Bayley v The Queen [2013] VSCA 295
• Dole, N. (2014) ‘Bail laws toughened in NSW to hold defendants deemed 'unacceptable risk'’, ABC News, Available: http://www.abc.net.au/news/2014-08-05/nsw-government-tightens-bail-laws-for-serious-offences/5649216 [Accessed: 3/5/2015]
• Farnsworth, S. (2015) ‘Jill Meagher's killer Adrian Bayley had history of violent sex attacks; parole board failed to take him off the streets’, ABC News, Available: http://www.abc.net.au/news/2013-06-11/violent-past-of-jill-meagher-killer-adrian-bayley-revealed/4745406 [Accessed: 3/5/2015]
• Hunt, E. (2013) ‘Parole reform is Jill Meagher's legacy’, True Crime Scene- Herald Sun, Available: http://www.heraldsun.com.au/news/law-order/parole-reform-is-jill-meagher8217s-legacy/story-fni0ffnk-1226723990567 [Accessed: 1/5/2015]
• Lowe, A. (2012) ‘Trial by social media' worry in Meagher case’, Technology- SMH, Available: http://www.smh.com.au/technology/technology-news/trial-by-social-media-worry-in-meagher-case-20120928-26pe4.html [Accessed: 1/5/2015]
• Silvester, J. (2013) ‘New law to stop any future Bayleys’, The Age Victoria, Available:http://www.theage.com.au/victoria/new-law-to-stop-any-future-bayleys-20130612-2o39a.html [Accessed: 3/5/2015]
• The Queen v Bayley [2013] VSC 313
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