Director of Public Prosecutions v Sebbens
[2023] ACTSC 2
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Director of Public Prosecutions v Sebbens |
Citation: | [2023] ACTSC 2 |
Hearing Date: | 6 January 2023 |
DecisionDate: | 6 January 2023 |
Before: | McCallum CJ |
Decision: | Grant bail on the following conditions: (a) Accept supervision of ACT Corrective Services (as delegated by the director-general) and comply with all reasonable directions. (b) Engage with ALS Bail Support Program. (c) Reside at [REDACTED]. (d) Be present at place of residence from 9:00pm each day and remain there until 7:00am the following morning. (e) Present self at front door of residence when requested to do so by police during the period of the curfew. (f) Not to be within 100 metres of [REDACTED]. (g) Not drive, or be in the driver’s seat of, a motor vehicle. (h) Report to the officer in charge at Woden Police Station in the ACT in the hours between 8:00am and 8:00pm every Monday, Wednesday and Friday. (i) To report immediately to ACT Correctives Services. (j) Not to assault, intimidate or threaten any police officer, including Sergeant Leigh Slocombe. (k) To continue to engage with Paul Saley from the Bail Support Program. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – Bail granted – whether there has been a change in circumstances – where the applicant has a vulnerable child – where the applicant is awaiting sentence – where the applicant is seeking drug rehabilitation |
Legislation Cited: | Bail Act1992 (ACT) ss 20C, 22 |
Parties: | Director of Public Prosecutions Carla Lee Sebbens ( Offender) |
Representation: | Counsel A Chatterton ( DPP) Self-represented ( Offender) |
| Solicitors ACT Director of Public Prosecutions Self-represented ( Offender) | |
File Number: | SCC 80 of 2022 |
MCCALLUM CJ:
Carla Sebbens applies for bail in respect of offences for which she is due to be sentenced in the Drug and Alcohol Sentencing List in February.
It is a repeat application, Ms Sebbens having been refused bail by both Elkaim J and Kennett J. Accordingly, the Court is constrained by s 20C of the Bail Act1992 (ACT) and may only consider this application if satisfied that, since the last application, there has been a change in circumstances relevant to the granting of bail or that there is fresh evidence or information of relevance to the granting of bail that was unavailable at the last application for bail.
The change of circumstances relied upon by Ms Sebbens in her application, which she has completed without the benefit of legal assistance, is that Children and Youth Protection Services is considering “taking” her now 16-year-old daughter “as Housing refuses for a tenant to be on the lease and so therefore [her daughter] has no carer; can't return to dad's because of domestic violence by her brother”.
As expanded upon by Ms Sebbens in Court this morning, the principal concern is that, previously, her daughter was being cared for by an adult in house leased by the applicant, but that adult cannot be placed on the lease and, in any event, since the last application for bail, the applicant's capacity whilst in custody to care for her daughter has deteriorated.
There are several aspects of that. First, the applicant is no longer in contact with the adult she had previously hoped was looking after her daughter. Secondly, there is a concern that that adult is making use of and helping herself to the applicant's financial resources and possessions. Thirdly, simply through the passage of time, her daughter’s circumstances and her relationship with the applicant are suffering.
I am satisfied that that combination of circumstances constitutes a change in circumstances relevant to the granting of bail. In particular, it seems to me that the entitlement of a mother to develop and enhance her relationship with a child who has not yet attained maturity and who is plainly vulnerable is an important matter relevant to the granting of bail, as it is to sentencing.
It follows that I am taken to the criteria listed in s 22 of the Act.
There is some indication before the Court that the applicant has previously had difficulty with an addiction to prohibited substances and indeed that is reflected in her eligibility for the Drug and Alcohol Sentencing List. That said, my inspection of her criminal record reveals that, while she may be described as someone who has committed repeated offences of dishonesty and driving offences, she is not in the category of a person who could be described as a danger to the public in terms of offences of violence or the like.
Secondly, it is a short period between now and her appearance in the Drug and Alcohol Sentencing List. The fact that she will need to demonstrate to the judge presiding over that List some capacity to adhere to a regime of rehabilitation is a powerful incentivising factor, in my view.
Thirdly, one of the risk factors in her history has plainly been her association with Mr Roberts, who is presently in custody and unlikely to be granted bail again before the present applicant comes before the Drug and Alcohol Sentencing List.
I am mindful of the fact that a process of drug rehabilitation can never be entirely risk-free. There is plainly some risk in the present case that the applicant will lapse from time to time. That said, she seems at this point in her life to be well-motivated to support her child and to have good supports around her, of which she appears to be making good use.
In all the circumstances, I am satisfied that it is appropriate to grant bail on the following conditions:
(a)Accept supervision of ACT Corrective Services (as delegated by the director-general) and comply with all reasonable directions.
(b)Engage with ALS Bail Support Program.
(c)Reside at [REDACTED].
(d)Be present at place of residence from 9:00pm each day and remain there until 7:00am the following morning.
(e)Present self at front door of residence when requested to do so by police during the period of the curfew.
(f)Not to be within 100 metres of [REDACTED].
(g)Not drive, or be in the driver’s seat of, a motor vehicle.
(h)Report to the officer in charge at Woden Police Station in the ACT in the hours between 8:00am and 8:00pm every Monday, Wednesday and Friday.
(i)To report immediately to ACT Correctives Services.
(j)Not to assault, intimidate or threaten any police officer, including Sergeant Leigh Slocombe.
(k) To continue to engage with Paul Saley from the Bail Support Program.
| I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum Associate: Date: 20 March 2023 |
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