Director of Public Prosecutions v Page
[2022] ACTSC 366
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Director of Public Prosecutions v Page |
Citation: | [2022] ACTSC 366 |
Hearing Date: | 21 December 2022 |
DecisionDate: | 21 December 2022 |
Before: | McCallum CJ |
Decision: | (1) Grant bail on the conditions handed up by the parties. (2) Stand the matter over before the Registrar at 9am Thursday 2 February 2023. |
Catchwords: | CRIMINAL LAW – BAIL – Where offender arrested on a warrant issued for failure to appear – where offender has suffered a brain injury – where proceedings remain outstanding before the Supreme Court |
Legislation Cited: | Bail Act 1992 (ACT) s 20B |
Parties: | Director of Public Prosecutions Justin Page (Accused) |
Representation: | Counsel M Thomas (DPP) E Wallis (Accused) |
| Solicitors ACT Director of Public Prosecutions Legal Aid ACT (Accused) | |
File Number: | SCC 46 of 2013 |
McCALLUM CJ:
Justin Page was due to appear before Burns J on 10 July 2013 to be sentenced in respect of a number of fraud offences. A pre-sentence report (more accurately, a report of inability to prepare a pre-sentence report) dated 28 June 2013 informed the Court that ACT Corrective Services had been unable to assess Mr Page because he had failed to attend appointments made for that purpose.
When the proceedings came before Burns J on 10 July 2013, Mr Page failed to appear and a warrant was issued for his arrest. He has yesterday been arrested on that warrant.
In the intervening period, Mr Page has been residing in Queensland. Recently, however, he suffered a serious brain injury, the detail of which is explained in a letter dated 1 December 2022 from a Queensland hospital. The letter explains that, having been in hospital with post-traumatic amnesia for some 20 days, Mr Page was released into the care of his brother, who is a resident of Canberra.
Mr Page appreciated that, upon his return to Canberra, he would have to face the consequences of the outstanding warrant and indeed yesterday he voluntarily attended Belconnen Police Station for that purpose. Unfortunately, he was unable to be brought before the Court yesterday. It should be emphasised that a person who is arrested on a warrant, or surrenders themselves to police custody on a warrant, should ordinarily be brought before the Court with a high measure of expedition, and certainly on the day on which they present themselves. Presumably undue workload got in the way of that, but it is always something that should be a priority to those administering the criminal justice system in this Territory.
In any event, he has been brought before the Court today and conditions are agreed as between the prosecution and his legal representative for him to be released on bail to reside with his brother.
The Court has power to grant bail under s 20B of the Bail Act 1992 (ACT) because the sentence proceedings remain outstanding before this Court.
In the circumstances, it is appropriate to make the following orders:
(1) Grant bail on the following conditions handed up by the parties.
(2) Stand the matter over to be before the Registrar at 9am Thursday 2 February 2023.
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum. Associate: L Ireland Date: 15 March 2023 |
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