[2024] WADC 104
[2024] WADC 104 [PB] Page 1
JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CRIMINAL
LOCATION : PERTH
CITATION : RUSE -v- THE STATE OF WESTERN AUSTRALIA [2024] WADC 104
CORAM : PRIOR DCJ
HEARD : 8 AUGUST & 21 NOVEMBER 2024
DELIVERED : 2 DECEMBER 2024
FILE NO/S : IND 149 of 2024
BETWEEN : KOBE ST JOHN RUSE
AND
THE STATE OF WESTERN AUSTRALIA
Catchwords:
Application for bail
Legislation:
Bail Act 1982 (WA), s 14
Result:
Bail granted on home detention and other conditions
[2024] WADC 104
[2024] WADC 104 [PB] Page 2
Representation:
Counsel:
Applicant
:
Ms A B Rogers & Mr A I W Watson
Respondent
:
Ms C R M Cusato & Mr R P Arndt
Solicitors:
Applicant
:
Abigail Rogers Barristers & Solicitors
Respondent
:
State Director of Public Prosecutions
Case(s) referred to in decision(s):
Nil
[2024] WADC 104
PRIOR DCJ
[2024] WADC 104 [PB] Page 3
PRIOR DCJ:
1
The accused, Kobe St John Ruse is charged on indictment 149 of 2024 with one offence of unlawful grievous bodily harm.
2
The offence is alleged to have occurred on 15 July 2023 inside prison cell A14 in Unit 10, A-Wing at Hakea Prison.
3
The prosecution case can be summarised from the amended statement of material facts dated 29 April 2024 as follows:
[K]enny Meng Wai Ng [the complainant] and Mr Ruse were prisoners at Hakea Prison … They commenced sharing a cell on 9 July 2023.
At the end of the night on Saturday 15 July 2023 the complainant was brushing his teeth when Mr Ruse, without warning, struck the complainant to the back of the head with clenched fists.
Mr Ruse then proceeded to wrap his hands around the back of the complainant’s neck and then slammed his head and face onto a wooden ledge approximately four (4) times.
The complainant pressed the duress button from within the cell to call for assistance.
Twelve (12) prison officers responded to extract both parties out of the cell.
As a result of the incident the complainant suffered an orbital fracture, multiple lacerations around his upper face, severe hematoma to the top right of his forehead and a detached choroid in the left eye.
4
Mr Ruse was charged on 19 July 2023.
5
By his application dated 11 July 2024, Mr Ruse applies for bail.
6
The application is made pursuant to s 14 of the Bail Act 1982 (WA). The application is supported by an affidavit of Ms Abigail Rogers, Mr Ruse’s counsel sworn on 11 July 2024.
7
The nature of Mr Ruse’s bail application does not require Mr Ruse to establish exceptional circumstances for bail to be granted.
8
Mr Ruse has not been granted bail for the offence charged previously and this is his first application for bail.
9
The indictment is listed for trial on 28 April 2025.
[2024] WADC 104
PRIOR DCJ
[2024] WADC 104 [PB] Page 4
10
Mr Ruse will spend 16 months in custody if he is not granted bail leading up to his trial.
11
Mr Ruse completed an 8-month term of imprisonment for an offence of unlawful wounding on 23 December 2023.
12
The State of Western Australia oppose bail on the basis of Mr Ruse’s previous record which includes a number of breaches of bail.
13
Mr Ruse’s previous record of offences include possess a prohibited plant or drug, road traffic, breach of family violence restraining orders, unlawful damage, trespass, being armed, threats, stealing, breach of community based orders, breach of bail, doing acts or omissions causing bodily harm, grievous bodily harm, assault occasioning bodily harm and unlawful wounding.
14
Mr Ruse has received terms of imprisonment, suspended imprisonment orders, community based orders, fines and drivers’ disqualifications as sentences for his various offences.
15
Mr Ruse has had regular contact with mental health services and psychiatric hospital admissions from 2005 (aged 28). He has had multiple hospital presentations with drug induced psychosis which developed into schizophrenia.
16
Mr Ruse has required involuntary treatment under the Mental Health Act 2014 (WA) and has been prescribed injectable long-acting antipsychotic medication. He has a history of disengagement from treatment and medication non-compliance.
17
Mr Ruse has a history of violent offences, and his risk of violence significantly increases when he is mentally unwell and/or he consumes prohibited drugs.
18
A Psychiatric Report dated 21 October 2024 has been received in support of Mr Ruse’s application for bail. The report states that:
Mr Ruse’s antipsychotic medication was changed in mid-July 2024 from Ariprazole 200mg monthly to Zuclopenthixol Decanoate fortnightly.
Mr Ruse felt anxious during the changeover period but feels settled now. He denied feelings of depression, saying he felt well and stable.
There was no evidence of psychotic symptoms.
[2024] WADC 104
PRIOR DCJ
[2024] WADC 104 [PB] Page 5
There was no evidence of formal thought disorder nor abnormal thought content. Nil delusions, nil hallucinations. He was cognitively intact, orientated to time, place and person.
Mr Ruse had reasonable insight and judgement within the context of the prison environment.
19
Mr Ruse’s mother, Louise St John Kennedy’s home address is 9A Chester Road, Claremont WA, where it is proposed Mr Ruse will reside with her if Mr Ruse was granted bail with home detention.
20
The Bail Assessment Report dated 7 November 2024 states Ms St John Kennedy’s address, 9A Chester Road, Claremont can facilitate the installation of electronic monitoring equipment should home detention be imposed.
21
I am now satisfied that what Ms St John Kennedy said to the bail report author who wrote the report dated 7 August 2024 was her historical comments regarding her concerns about Mr Ruse and I base my decision on this application on the updated Bail Assessment Report dated 7 November 2024 and Ms St John Kennedy’s comments to the author of that report.
22
Mr Ruse’s father, Robert Ruse has agreed to act as surety for Mr Ruse if one is required.
23
At the hearing before me on 21 November 2024 the State Prosecutor, Mr Arndt advised that there was a significant issue as to the capacity of the complainant.
24
As a result of this I am of the view that the prosecution case against Mr Ruse is not strong and there is even a possibility that the indictment will not proceed to trial in April 2025.
25
The Bail Assessment Report dated 7 November 2024 further states Mr Ruse is presently engaged with Richmond Wellbeing for mental health support and appears to be compliant with his medication for schizophrenia.
26
I am satisfied bail should be granted to Mr Ruse for the following reasons:
- Mr Ruse is proceeding to trial and is entitled to the presumption of innocence.
[2024] WADC 104
PRIOR DCJ
[2024] WADC 104 [PB] Page 6 - Mr Ruse would spend 16 months in custody leading up to his trial if bail is not granted.
- The issue with the complainant’s capacity indicates the prosecution case against Mr Ruse is not strong.
- Mr Ruse has strong support from his mother and father who are prepared to act as a home detention sponsor and surety.
- Mr Ruse’s psychiatric condition is presently stable and the material before me indicates he will be compliant with medical treatment and take any prescribed medication if released on bail.
- The bail conditions proposed are very strict and in my view are likely to mitigate the risk of Mr Ruse breaching his bail or reoffending.
27
The following bail conditions should apply to Mr Ruse:
- Surety of $10,000.
- To comply with Home Detention through electronic monitoring.
- To comply with all lawful directions of a Community Corrections officer.
- Not to be released from custody until confirmation is received from Adult Community Corrections that the installation of monitoring equipment can be facilitated.
- Not to consume any illicit substance or non-prescribed medication.
- To submit to urinalysis testing and provide a valid sample as directed by a Community Corrections officer and any positive or invalid sample being to be a breach of bail conditions at the discretion of Adult Community Corrections.
- To comply with mental health treatment including a medication regime as directed by a medical practitioner.
- Protective bail condition – not to go within 50 metres of Kenny Meng Wai Ng, the complainant.
- Not to contact or attempt to contact Meng Wai Ng.
- To reside at 9A Chester Road, Claremont.
[2024] WADC 104
PRIOR DCJ
[2024] WADC 104 [PB] Page 7
28
I understand Mr Ruse is interested in participating in drug rehabilitation programs including residential programs. If he was to participate in any such programs, an application to vary Mr Ruse’s bail conditions should be made.
I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.
RR
Associate to Judge Prior
2 DECEMBER 2024