Application for bail by David Celeski

[2016] ACTSC 101

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Application for bail by David Celeski

Citation:

[2016] ACTSC 101

Hearing Date(s):

6 May 2016

DecisionDate:

6 May 2016

Before:

Murrell CJ

Decision:

Application for bail refused.

Catchwords:

CRIMINAL LAW – BAIL – Bail Act 1992 (ACT) s 9D – special or exceptional circumstances – whether acceptance to drug rehabilitation and stable family constitute special or exceptional circumstances – bail refused

Legislation:

Bail Act 1992 (ACT) s 9D

Parties:

David Celeski (Applicant)

The Queen (Respondent)

Representation:

Counsel

Mr P Bevan (Applicant)

Mr A Williamson (Respondent)

Solicitors

Bevan & Co (Applicant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

SCC 78 of 2016; SCC 79 of 2016;

SCC 80 of 2016; SCC 81 of 2016

MURRELL CJ:

1. The applicant applies for bail in relation to two sets of offences allegedly committed in the ACT on 19 November 2015 and 22 January 2016.

Facts

1. The facts in relation to the offences are set out in Exhibits 1 and 3. 

19 November 2015 offences

1. It is alleged that, in the early hours of 19 November 2015, the applicant and a co-offender went to commercial premises. They were in possession of a rental truck and a pallet jack. 

1. They entered the premises and caused damage to CCTV cameras.  A witness arrived and followed the offenders, who left the premises. The police became involved.  The applicant was arrested and charged with offences including theft, trespass and damage to property. 

1. The applicant was granted bail.  Although the precise terms of the bail are not known, the bail conditions included curfew and non-association conditions. 

1. The applicant pleaded guilty to most if not all charges.

22 January 2016 offences

1. The second group of offences allegedly occurred on or about 22 January 2016. 

1. The applicant has been charged with theft, burglary and driving a stolen motor vehicle.  The applicant pleaded guilty to the theft and burglary charges and not guilty to the charge of driving a stolen motor vehicle. 

1. At the time of his arrest, a small amount of drugs was located, as well as ammunition.

1. It was discovered that the applicant had breached a curfew condition attaching to the first set of ACT offences.

1. Police executed a search warrant at the applicant’s home in Queanbeyan and located material which resulted in further charges, including a charge of cultivating cannabis.  A cannabis cultivation setup was located at the premises.  There were no plants, but residue was located and the allegation is that plants had grown and harvested.

1. In relation to the offences on 22 January 2016, the applicant was refused bail in the Magistrates Court.  Bail was revoked in respect of the offences of 19 November 2015.  It is in relation to these matters that the current application is made.

New South Wales offences

1. Meanwhile, on 15 January 2016, the applicant allegedly committed offences in New South Wales.  He was apprehended with a co-offender in a vehicle that contained stolen property, including firearms and ammunition.  The applicant was seated…