In December 2016 Ragnarr Loðbrók was on bail in relation to criminal proceedings pending in the County Court of Victoria, for the offence of Conduct endangering life under s.22 of the Crimes Act 1958 (Vic). Conditions of the bail included that he report between the hours of 8:00 am and 8:00 pm every day at the Swan Hill Police Station, and that he would reside with his parents at their address. There was also a condition that he not contact or associate with any members of the Swan Hill viking battle re-enactment society (known as Krákumál, or Krak) and that he surrender all reproduction swords, maces, armour and all other forms of weaponry.
In January 2017 Ragnarr applied for a variation of his bail conditions under s.18AC of the Bail Act 1977 (Vic) and the conditions were varied to reduce the frequency with which he had to report to police. The bail conditions, as varied, required him to attend the Swan Hill Police Station every Monday, Wednesday and Friday. After the decision was made Registry Staff at the Courthouse told him that he was free to go. A bench sheet recorded as follows:
HH [ie, His Honour] varies condition 4 of Mr Loðbrók’s bail to read:
“Report to Swan Hill Police Station every Monday, Wednesday and Friday between the hours of 8 am and 8 pm”.
However, when the Notice of Continuance of Bail was prepared, it made no mention of the variation. As a consequence, Victoria Police were informed that Ragnarr’s bail was continued on the same conditions that were previously in place. Sometime later a staff member within the Registry discovered that the plaintiff’s bail had in fact been varied. The police were not told of this.
When Ragnarr came into the Swan Hill Police Station on Wednesday, having not attending on Tuesday, he was arrested for being in breach of his bail conditions. He was held overnight, despite his loud and angry protestations. He was transported to Court the next day in handcuffs where it was noted that the Registry had made an error, and he was released on the amended bail conditions.
However, it had been a slow news day in Swan Hill, and his arrest for breach of bail conditions was on the front page of the newspaper. He was extremely embarrassed and upset. He claims that his friends now make fun of him, and that his future employment in the region has been affected. Ragnar intends to sue the State of Victoria in negligence.
Your firm acts for Ragnarr. Your supervising partner, Lagertha, wants you to prepare a memorandum for her so that she is fully briefed on the likely arguments and outcomes in the case before she writes a brief to Counsel.
Constrain your analysis to the tort of negligence only.
