A man allegedly involved in an aggravated home invasion in May this year may be back working on a Yarra Ranges orchard following a successful bail application to the Supreme Court of Victoria.
David Nagy, who is also facing charges for car theft, possessing an unregistered longarm and handgun, possessing cannabis and possessing cartridge ammunition while unlicensed, was arrested at an Endeavour Hills address on 23 May and has been in custody since, having first been denied bail by the Magistrates’ Court.
Justice James Gorton had to decide whether there were exceptional circumstances that justified bail as aggravated home invasion is a schedule one offence, and whether there was any unacceptable risk to granting Mr Nagy bail.
Mr Nagy was 18 at the time of the alleged offending, has struggled with untreated mental health and substance issues and other than an assault on another student while at school in 2022, for which he completed a diversion order, has no criminal history. He is supported by his parents, having been working and still having the opportunity to work with his mother full-time at the orchard, while he was also set to start an electrical pre-apprenticeship before he was remanded.
Mr Nagy’s mother said under oath that the applicant would live with her, work with her and respect the curfew if bail was granted, and that she would let the informant to know if any bail conditions were breached.
Mr Nagy had made admissions to a covert police operative while in a holding cell that he and others had been paid to invade the home and hold a gun to the man’s head to scare him, but claimed he was ‘big-noting’ himself during this conversation.
Justice Gorton also noted that CCTV footage and conflicting messages sent on social media by the applicant open up the possibility that the applicant was not at the home invasion, but was closely connected, and there is also a possibility the applicant may even face a youth justice centre order that will prevent him from being imprisoned in an adult facility.
Evidence also pointed to Mr Nagy having been assaulted while on remand, potentially ‘on a couple of occasions’, and a Youth Justice report also assessed him to be suitable for a supervised bail program. Justice Gorton agreed, leading him to consider whether the risks.
The key risk is whether the applicant would potentially engage in gun-related violence, based on the unrecovered handgun he took pictures of himself with and his knowledge of people with access to weapons, as well as messages sent about owning a gun: ‘Shush bro I own a gun now’; ‘Don’t make me use it n—a’; ‘Nah joking’; and ‘But I swear I could say that to anyone now.’
Justice Gorton decided the ‘ill-advised’ messages were sent with ‘a joking bravado’ rather than any intention to use the weapon and set the following conditions for bail:
Mr Nagy must reside at his parents’ house and abide by a curfew of 9pm or 10pm to 6am each day, unless in the company of at least one parent and be prepared to present at the residence if requested by police.
Mr Nagy must not associate with any of his co-accused, communicate with any witnesses other than the informant for the case and not attend the address of the alleged victims.
Mr Nagy must comply with the directions, treatments and referral programs of Youth Justice, as well as enrol in his electrical pre-apprenticeship or otherwise work full-time with his mother if not engaged in the course or other treatment.
Mr Nagy’s bail was granted on the above conditions.
