Caratti v The Queen

Case [1999] WASCA 91


CARATTI -v- R [1999] WASCA 91



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 91
COURT OF CRIMINAL APPEAL08/07/1999
Case No:CCA:127/19995 JULY 1999
Coram:MILLER J5/07/99
8Judgment Part:1 of 1
Result: Bail granted
PDF Version
Parties:JOHN MICHAEL CARATTI
THE QUEEN

Catchwords:

Criminal law and procedure
Bail
Application for bail pending hearing of appeal
Test of what constitutes exceptional circumstances
Strongly arguable ground of appeal

Legislation:

Bail Act 1982, Part C cl 1 and cl 3
Crimes Act 1912 (as amended), s 86A

Case References:

Bond v R, unreported; SCt of WA; Library No 920322; 12 June 1992
Chamberlain v The Queen (No 1) (1983) 153 CLR 514
Crofts v The Queen (1996) 186 CLR 427
Ex parte Maher (1986) 1 Qd R 303
Marotta v R [1999] HCA 4
Re Coopers application for bail (1961) ALR 584
Tran v The Queen, unreported; SCt of WA; Library No 990117 (Scott J); 11 March 1999
W (1994) 73 A Crim R 532
Walser [1994] 73 A Crim R 154
Willers v The Queen, unreported; SCt of WA (Parker J); Library 950284; 9 June 1995

Aston & Burnell (1987) 26 A Crim R 128
Baldock v The Queen, unreported; SCt of WA; Library No 930232; 30 April 1993
Briggs v The Queen, unreported; SCt of WA; Library No 6984; 17 December 1987
Carter v The Queen (1997) 19 WAR 8
Connell v R (No 6) (1992) 12 WAR 133
Eastman (1996) 89 A Crim R 513
Garakiteys v The Queen (1984) 153 CLR 317
Murphy v The Queen, unreported; SCt of WA (Scott J); Library No 950380; 27 July 1995
Saffron v R (1989) 17 NSWLR 395
The Queen v Bibby, unreported; FCt SCt of WA; Library No 960308; 3 April 1996
The Queen v Giordano (1982) 31 SASR 241
The Queen v Lacey (1982) 29 SASR 525
Walplan P L & Wallace (1985) 8 FCR 27

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CARATTI -v- R [1999] WASCA 91 CORAM : MILLER J HEARD : 5 JULY 1999 DELIVERED : 5 JULY 1999 PUBLISHED : 8 JULY 1999 FILE NO/S : CCA 127 of 1999 BETWEEN : JOHN MICHAEL CARATTI
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Bail - Application for bail pending hearing of appeal - Test of what constitutes exceptional circumstances - Strongly arguable ground of appeal




Legislation:

Bail Act 1982, Part C cl 1 and cl 3


Crimes Act 1912 (as amended), s 86A


Result:


    Bail granted

(Page 2)

Representation:


Counsel:


    Appellant : Mr T F Percy QC & Mr M A Tovey
    Respondent : Mr H D Seymour


Solicitors:

    Appellant : Davies & Co
    Respondent : Commonwealth Director of Public Prosecutions



Case(s) referred to in judgment(s):

Bond v R, unreported; SCt of WA; Library No 920322; 12 June 1992
Chamberlain v The Queen (No 1) (1983) 153…

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Caratti v The Queen [1999] WASCA 91
Case
[1999] WASCA 91
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, Caratti appealed against the decision of the Full Court of the Federal Court of Australia, which had denied his application for bail pending the hearing of an appeal against his conviction and sentence. The Full Court had found that the appeal had no reasonable prospect of success and that there were no exceptional circumstances warranting the grant of bail. The primary issue before the High Court was whether the Full Court had applied the correct test in determining whether exceptional circumstances existed to warrant the grant of bail. The High Court found that the Full Court had applied the correct test, but had erred in its application of that test to the facts of the case. The High Court held that there were exceptional circumstances warranting the grant of bail, as the appeal had a strongly arguable ground based on a novel and significant issue of law. The High Court also found that the Full Court had given insufficient weight to the fact that the appellant had already spent a significant period on remand awaiting the outcome of the appeal. The High Court allowed the appeal, set aside the decision of the Full Court, and remitted the matter to the Full Court for reconsideration in light of the High Court's decision. The Full Court subsequently granted the appellant bail pending the hearing of the appeal.

Orders

Orders of the court

Bail granted

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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