Caulfield v The State of Western Australia

[2011] WASCA 162

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   CAULFIELD -v- THE STATE OF WESTERN AUSTRALIA [2011] WASCA 162

CORAM:   McLURE P

HEARD:   8 JULY 2011

DELIVERED          :   8 JULY 2011

FILE NO/S:   CACR 91 of 2011

BETWEEN:   DANIEL MICHAEL CAULFIELD

Appellant

AND

THE STATE OF WESTERN AUSTRALIA
Respondent

Catchwords:

Criminal law - Bail - Bail pending appeal - Whether exceptional reasons shown - Turns on own facts

Legislation:

Bail Act 1982 (WA), sch 1 pt C, cl 4A
Criminal Code (WA), s 219

Result:

Application for bail refused

Category:    B

Representation:

Counsel:

Appellant:     Mr S B Watters

Respondent:     Mr M Seaman

Solicitors:

Appellant:     Thames Legal

Respondent:     Director of Public Prosecutions (WA)

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

Nil

1. McLURE P:  The applicant applies under the Bail Act 1982 (WA), sch 1 pt C, cl 4A for bail pending his appeal against sentence. He was sentenced to 16 months' imprisonment for distributing child exploitation material, contrary to s 219 of the Criminal Code (WA).

2. The reasons upon which the applicant relies for bail are, first, that there are strongly arguable grounds of appeal and, secondly, that the applicant will have served a significant part of the non‑parole period of his sentence before the appeal can be determined.

3. As I have made clear this morning, this second reason applies to a great number of appeals and is insufficient on its own to constitute an exceptional reason for the grant of bail.  I have reviewed the material relevant to the merits of the appeal, including the transcript of the sentencing reasons and all of the reports referred to therein.  On a preliminary assessment, I am not persuaded that there are strongly arguable grounds of appeal or that the appeal is most likely to succeed.  It is not appropriate for me to venture any further on the issue of the merits.  Accordingly, I am not satisfied that there are exceptional reasons, in which case the application for bail must be dismissed.

4. The applicant also seeks an urgent appeal order.  There will be a ruling on the application for that order once the issue of leave has been assessed.  I am hopeful that can happen early next week.  I dismiss the application for bail but adjourn the application for an urgent appeal order which will be dealt with on the papers.