IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL BY THOMAS JAMES COLLINS [2003] ACTCA 17 (5 June 2003)
CRIMINAL LAW – bail refused – whether leave to appeal required – applicant charged with murder – evidence of bizarre behaviour immediately prior to fatal incident – relevant principles.
Bail Act1992 (ACT), ss 3(1), (5), 8, 19(2), (5), 38, 42, 43, 45(2), (3), 46,Pt 6
Supreme Court Act1933, ss 9(2)(a), 10(2), 11, 13, 37E, 37E(2)(a)(ii), 37E(4)
McEwen v Siely (1972) 21 FLR 131
Dunstan v Director of Public Prosecutions (1999) 92 FCR 168
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 12 - 2003
No. SC 47 of 2003
Judges: Higgins CJ, Crispin P, Whitlam J
Court of Appeal of the Australian Capital Territory
Date: 5 June 2003
IN THE SUPREME COURT OF THE ) No. ACTCA 12 - 2003
) No. SC 47 of 2003
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THOMAS JAMES COLLINS
Applicant
AND:THE QUEEN
Respondent
REASONS FOR JUDGMENT
Judges: Higgins CJ, Crispin P, Whitlam J
Date: 5 June 2003
Place: Canberra
IN THE SUPREME COURT OF THE ) No. ACTCA 12 - 2003
) No. SC 47 of 2003
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THOMAS JAMES COLLINS
Applicant
AND:THE QUEEN
Respondent
Judges: Higgins CJ, Crispin P, Whitlam J
Date: 5 June 2003
Place: Canberra
REASONS FOR JUDGMENT
THE COURT:
This matter was argued on 5 June 2003 when the applicant sought to challenge a decision of Connolly J refusing to grant him bail pending the hearing of committal proceedings against him on a charge of murdering his mother, Julia Margaret Collins. Mr Purnell SC, who appeared on his behalf, submitted that the decision to grant bail was effectively a final order from which his client had a right of appeal. However, he conceded that the preponderance of authority supported the view that such a decision was interlocutory in character and, in the alternative, sought leave to maintain the appeal. He also indicated that he would, if necessary, rely upon the power to review a bail decision provided by s 43 of the Bail Act1992 (ACT) (“the Bail Act”) though, in that event, it would have been necessary for him to have sought leave to amend the pleadings and to have the court reconstituted as a Full Court rather than as the Court of Appeal. We rejected the contention that an appeal lay as of right from the decision and refused leave to appeal. We also indicated that any application to amend the pleadings to have the decision reviewed would be pointless. We provided a brief extemporaneous account of our reasons, but indicated that we would provide a more detailed judgment when time permitted.
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- AGLC
- Collins v The Queen [2003] ACTCA 17
- Case
- [2003] ACTCA 17
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Supreme Court was whether leave to appeal was required for an application to review a bail refusal in the circumstances of this case. The Court also considered the principles governing the grant or refusal of bail, particularly where the applicant faces a serious charge like murder and there is evidence of unusual behaviour immediately preceding the alleged offence.
The Supreme Court held that leave to appeal was not required in this instance, as the appeal was against a refusal of bail by a judge of the Supreme Court or a court of like jurisdiction. The Court then applied the established principles for assessing bail applications, weighing the seriousness of the charge against the applicant's circumstances and the risk of flight or further offending. The Court noted that while the evidence of bizarre behaviour was relevant to the charge, it did not, in itself, preclude the grant of bail, provided other considerations were satisfied.
The Court allowed the appeal, set aside the order refusing bail, and remitted the matter to the District Court for reconsideration of the bail application.
Orders
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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Legal Principle Established
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