Clark v The Queen

Case [2004] WASCA 91


CLARK -v- THE QUEEN [2004] WASCA 91



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 91
COURT OF CRIMINAL APPEAL
Case No:CCA:37/20046 MAY 2004
Coram:BARKER J10/05/04
21Judgment Part:1 of 1
Result: Applications dismissed
B
PDF Version
Parties:PETER JOHN CLARK
THE QUEEN
WILLIAM ARTHUR FORGE

Catchwords:

Bail application
Appeals pending
Bail Act 1982 (WA)
Clause 4, Pt C, Sch 1 Bail Act
"Exceptional reasons"

Legislation:

Bail Act 1982 (WA)

Case References:

Ahern v The Queen (1988) 165 CLR 87
Caratti v R [1999] WASCA 91
Chamberlain v The Queen (No 1) (1983) 153 CLR 514
Peters v R (1996) 71 ALJR 309
R v Bernt (1994) 70 A Crim R 1
R v Dinh [2000] NSWCCA 536
Robinson v R (1991) 65 ALJR 519
Stalker v The Queen [2002] WASCA 364
The Queen v Bilick and Starke (1984) 36 SASR 321
Tran v R, unreported; SCt of WA (Scott J); Library No 990117; 11 March 1999
Tripodi v The Queen (1961) 104 CLR 1
United Mexican States v Cabal (2001) 183 ALR 645

Chew v The Queen (1992) 173 CLR 626
Corporate Affairs Commission v Papoulias (1990) 20 NSWLR 503
Dinsdale v The Queen (2000) 202 CLR 321
Eastley v The Queen [2001] WASCA 227
In re Smith & Fawcett Ltd [1942] Ch 304
R v Associated Northern Collieries (1910) 11 CLR 738
R v Byrnes (1995) 183 CLR 501
R v Corak (1982) 30 SASR 404
R v Kamleh [2003] SASC 269

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CLARK -v- THE QUEEN [2004] WASCA 91 CORAM : BARKER J HEARD : 6 MAY 2004 DELIVERED : 10 MAY 2004 FILE NO/S : CCA 37 of 2004
    CCA 38 of 2004
BETWEEN : PETER JOHN CLARK
    Appellant

    AND

    THE QUEEN
    Respondent
FILE NO/S : CCA 41 of 2004 BETWEEN : WILLIAM ARTHUR FORGE
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Bail application - Appeals pending - Bail Act 1982 (WA) - Clause 4, Pt C, Sch 1 Bail Act - "Exceptional reasons"



(Page 2)

Legislation:

Bail Act 1982 (WA)




Result:

Applications dismissed




Category: B


Representation:

CCA 37 of 2004

CCA 38 of 2004


Counsel:


    Appellant : Mr S G Scott
    Respondent : Mr S D Hall SC


Solicitors:

    Appellant : Stables Scott
    Respondent : Commonwealth Director of Public Prosecutions

CCA 41 of 2004


Counsel:


    Appellant : Mr J A Davies
    Respondent : Mr S D Hall SC


Solicitors:

    Appellant : Jonathon Davies
    Respondent : Commonwealth Director of Public Prosecutions


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

Ahern v The Queen (1988) 165 CLR 87
Caratti v R [1999] WASCA 91


(Page 3)

Chamberlain v The Queen (No 1) (1983) 153 CLR 514
Peters v R (1996) 71 ALJR 309
R v Bernt (1994) 70 A Crim R 1
R v Dinh [2000] NSWCCA 536
Robinson v R (1991) 65 ALJR 519
Stalker v The Queen [2002] WASCA…

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AGLC
Clark v The Queen [2004] WASCA 91
Case
[2004] WASCA 91
Decision Date

CaseChat Overview and Summary

The applicant, Clark, sought bail pending the outcome of an appeal against his conviction for a serious drug-related offence. The appeal was lodged with the Court of Appeal of Western Australia, while the bail application was before the Magistrates Court of Western Australia. The respondent, The Queen, opposed the application on the basis that Clark was deemed a flight risk and a danger to the community, given the gravity of the offence and the sentence imposed. The matter hinged on whether the court could grant bail to Clark, considering the pending appeal and the terms of the Bail Act 1982 (WA).

The court was required to determine whether Clark's appeal constituted 'exceptional reasons' under clause 4 of Part C of Schedule 1 of the Bail Act, which would allow for the granting of bail despite the pending appeal. The court also needed to assess whether the applicant's circumstances warranted bail under the Bail Act, considering factors such as the likelihood of flight and the risk to the community. The primary legal issue was whether the applicant's appeal was exceptional enough to warrant bail, and if his circumstances justified the release on bail.

The court found that Clark's appeal did not constitute 'exceptional reasons' for granting bail as defined by the Bail Act. The court noted that the appeal did not involve any substantial legal issue that would likely lead to an acquittal or a reduced sentence. Additionally, the court was satisfied that Clark was a flight risk and a danger to the community. Therefore, the court dismissed the application for bail, holding that there were insufficient grounds to grant bail under the Bail Act, given the nature of the appeal and the applicant's circumstances. The applications were dismissed.

Orders

Orders of the court

Applications dismissed

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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