HUMAN RIGHTS ACT
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Degioannis v David (No 2) |
Citation: | [2015] ACTSC 196 |
Hearing Date(s): | 3 July 2015 |
DecisionDate: | 6 July 2015 |
Before: | Refshauge J |
Decision: | 1. The application for bail is refused. 2. The appeal be listed for hearing at 10:00 am on 24 July 2015. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure – Bail – Intentional wounding – Application for bail pending hearing of appeal from decision of Magistrates Court – Special and exceptional circumstances – Portion of custodial sentence served before the appeal is heard – Prospects of success on the appeal |
Legislation Cited: | Bail Act 1992 (ACT), ss 5, 9E, 20C Crimes (Sentencing) Act 2005 (ACT), s 33(1)(w) |
Cases Cited: | Aldridge v The Queen [2011] ACTCA 20 Chamberlain v The Queen (No 1) (1983) 153 CLR 514 |
Parties: | Shannon Degioannis (Appellant) The Queen (Respondent) |
Representation: | Counsel Shannon Degioannis (Self-represented via videolink) (Appellant) Mr J Hiscox (Respondent) |
| Solicitors Self-represented (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number(s): | SCA 18 of 2015; SCA 42 of 2015 |
Decision under appeal: | Court/Tribunal: ACT Magsitrates Court Before: Magistrate Morrison Date of Decision: 13 February 2015 and 10 April 2015 Case Title: R v Shannon David Degioannis Court File Number(s): CC 5894 of 2014 |
REFSHAUGE J:
An incident occurred at an address in Lyneham on 9 June 2014, as a result of which a male was admitted to the Canberra Hospital with a stab wound in his abdomen and the applicant, Shannon David Degioannis, was charged with intentionally wounding the male, the complainant.
The allegation was that Mr Degioannis had stabbed the complainant with a knife, concealed on a key ring for the keys of a car on which he was doing some repair work at the premises. On 13 February 2015, Mr Degioannis was convicted of that offence and on 10 April 2015 he was sentenced to 15 months imprisonment from 1 February 2015, to be suspended on 31 October 2015; that is, after serving nine months of the sentence.
On 6 March 2015, Mr Degioannis appealed against the conviction and sentence. The filing of the appeal stays the sentence. See s 216 of the Magistrates Court Act 1930 (ACT). Mr Degioannis has now applied for bail pending the hearing of the appeal.
There are two jurisdictional issues that must be addressed…
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- AGLC
- Degioannis v David (No 2) [2015] ACTSC 196
- Case
- [2015] ACTSC 196
- Decision Date
CaseChat Overview and Summary
The court considered the principles for granting bail pending appeal, which included the existence of special and exceptional circumstances. The court held that the principles for granting bail pending appeal were not dissimilar to those for granting bail pending trial. The court also noted that the portion of the custodial sentence served before the appeal is heard should be taken into account. However, the court held that the appellant did not satisfy the criteria for special and exceptional circumstances. The court held that the appellant had not demonstrated a real prospect of success on the appeal, and that the appeal was unlikely to succeed. The court also held that the appellant had not demonstrated any special or exceptional circumstances that would justify the grant of bail pending appeal.
The application for bail was refused. The appeal was listed for hearing at 10:00 am on 24 July 2015. The court held that the appellant had not demonstrated a real prospect of success on the appeal, and that the appeal was unlikely to succeed. The court also held that the appellant had not demonstrated any special or exceptional circumstances that would justify the grant of bail pending appeal. The court held that the portion of the custodial sentence served before the appeal is heard should be taken into account, but this did not alter the outcome of the application for bail. The court held that the appellant had not satisfied the criteria for special and exceptional circumstances.
Orders
Orders of the court
1. The application for bail is refused.
2. The appeal be listed for hearing at 10:00 am on 24 July 2015.
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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