Sheung Yau fronts court over Mount Moriac crash death
The lawyer for a woman accused of causing a fatal Mount Moriac crash has clashed with a magistrate during her first court appearance.
Geelong
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An Oakleigh woman accused of causing a fatal crash at Mount Moriac last month has fronted court, as her lawyer clashed with a magistrate over bail conditions.
Sheung Yau, 28, fronted Geelong Magistrates Court on Friday for a filing hearing, facing charges of dangerous driving causing death, careless driving and failing to stop at a stop sign.
A 62-year-old Docklands man died after the Mazda CX5 he was in, and Ms Yau was allegedly driving, collided with a Toyota LandCruiser near the intersection of Cape Otway Rd and the Princes Hwy on December 20.
Police prosecutor senior constable Denise Frame asked for longer than usual – 12 weeks – to compile the case’s hand up brief “due to the nature of the investigation”.
The request was not opposed by Ms Yau’s lawyer, barrister Peter Billings, who agreed the investigation was “fairly complex”.
The prosecution must now provide Ms Yau’s solicitors with the brief by April 18.
Constable Frame said the prosecution wouldn’t oppose a defence application to have the next hearing heard in Melbourne, closer to where Ms Yau lives, but Magistrate Brett Sonnet was unswayed.
“Is this not the proper venue?” he asked.
As Mr Sonnet moved to extend Ms Yau’s bail, Mr Billings flagged that the defence had concerns over the condition that forbids her from driving and would apply to vary bail.
Asked why, Mr Billings said: “It’s an allegation.”
Mr Sonnet said it was a “serious allegation” and asked what would happen if Ms Yau were allowed to drive, and was charged with another offence.
“What would the reaction be from the general public if that were to occur?” Mr Sonnet said.
Mr Billings said there were “thousands of people on bail” who do not breach the conditions.
He was told by Mr Sonnet not to “trivialise the charge” and said the condition was “quite appropriate”.
Mr Billings argued there was a presumption of innocence.
Mr Sonnet replied that the presumption of innocence was “one factor” set out in the Bail Act, and other factors include mitigating risk to the community.
He told Mr Billings if she were to commit an offence on bail “the starting point is that your client would be remanded in custody”.
“That’s a threat,” Mr Billings responded, stating the court had “discretion” under the Bail Act.
Mr Sonnet said such a bail condition was “routinely fixed” and it would require an exceptional circumstance not to be.
“The driving carnage on the roads of this state is an absolute disgrace,” Mr Sonnet said.
He told Mr Billings not to use “inappropriate language” and said there were “no discretions in the Bail Act, there are relevant considerations”.
“It’s not an argument Mr Billings, it’s the law,” he said.
Ms Yau’s bail was extended and she will face court again in June.
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Originally published as Sheung Yau fronts court over Mount Moriac crash death
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