ATHERTON -v- THE STATE OF WESTERN AUSTRALIA [2005] WASC 15
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASC 15 | |
| Case No: | MCS:7/2005 | 17 FEBRUARY 2005 | |
| Coram: | BLAXELL J | 22/02/05 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application for bail refused | ||
| B | |||
| PDF Version |
| Parties: | STEVEN JOHN ATHERTON THE STATE OF WESTERN AUSTRALIA |
Catchwords: | Criminal law and procedure Bail Serious offence allegedly committed while on bail for another serious offence Possession of methylamphetamine with intent to sell or supply Whether there are exceptional reasons why the applicant should not be kept in custody Turns on own facts |
Legislation: | Bail Act 1982 (WA), Sch 1 Pt C, cl 1, cl 3, cl 3A |
Case References: | Nil Caratti v The Queen [1999] WASCA 91 Lim v Gregson [1989] WAR 1 Mullally v The Queen [2000] WASCA 26 Musarri v The Queen [2000] WASC 268 Oates v The Queen [2003] WASC 180 Outman v The Queen [2000] WASC 303 Pinkstone v The Queen [2000] WASC 199 Pinkstone v The Queen [2000] WASC 321 R v Jemielita (1995) 78 A Crim R 91 R v Robertson [2001] WASC 120 Rechichi v The Queen [1999] WASC 73 Saka v The Queen [2001] WASC 92 WCVB v The Queen (1989) 1 WAR 279 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Applicant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
Catchwords:
Criminal law and procedure - Bail - Serious offence allegedly committed while on bail for another serious offence - Possession of methylamphetamine with intent to sell or supply - Whether there are exceptional reasons why the applicant should not be kept in custody - Turns on own facts
Legislation:
Bail Act 1982 (WA), Sch 1 Pt C, cl 1, cl 3, cl 3A
Result:
Application for bail refused
(Page 2)
Category: B
Representation:
Counsel:
Applicant : Mr D Moen
Respondent : Ms E Benwell
Solicitors:
Applicant : Mossensons
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Nil
Case(s) also cited:
Caratti v The Queen [1999] WASCA 91
Lim v Gregson [1989] WAR 1
Mullally v The Queen [2000] WASCA 26
Musarri v The Queen [2000] WASC 268
Oates v The Queen [2003] WASC 180
Outman v The Queen [2000] WASC 303
Pinkstone v The Queen [2000] WASC 199
Pinkstone v The Queen [2000] WASC 321
R v Jemielita (1995) 78 A Crim R 91
R v Robertson [2001] WASC 120
Rechichi v The Queen [1999] WASC 73
Saka v The Queen [2001] WASC 92
WCVB v The Queen (1989) 1 WAR 279
(Page 3)
1 BLAXELL J: This is an application for bail pending the trial of the applicant on a charge of possession of methylamphetamine with intent to sell or supply to another. At…
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- AGLC
- Atherton v Western Australia [2005] WASC 15
- Case
- [2005] WASC 15
- Decision Date
CaseChat Overview and Summary
Steven John Atherton has applied for bail pending his trial on a charge of possession of methylamphetamine with intent to sell or supply to another. At the time of his arrest, he was already on bail for a number of other alleged offences including possession of amphetamines and ecstasy with intent to sell or supply to another. The application was heard by Blaxell J in the Supreme Court of Western Australia. The legal issues before the court were whether there were exceptional reasons why the applicant should not be kept in custody, and whether the court may properly grant bail having regard to the provisions of the Bail Act 1982 (WA). Blaxell J found that there were no exceptional reasons to grant bail. While the court sympathised with the applicant's mother who was relying on him for care and support, the court found that her circumstances were not exceptional. The court also found that the statement by Vanessa Hardman, who admitted to placing the drugs in the applicant's car, was not credible as it was inconsistent with the prosecution's evidence. As a result, the application for bail was refused.
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