Atherton v Western Australia

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.