"H" -v- THE QUEEN [2002] WASC 39

Reported Decision:	(2002) 26 WAR 19
Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WASC 39
Case No:	INS:50/2002	Heard:	5 MARCH 2002
Coram:	MALCOLM CJ	Delivered:	12/03/02
No of pages:	21	Judgment Part:	1 of 1
Result:	Bail granted
Category:	A
PDF Version

Parties:	"H" THE QUEEN
Catchwords:	Criminal law Bail Renewed application for bail pending hearing of a charge of murder Applicant aged 16 at the date of the alleged offence Applicant in custody since 15 November 2001 Previous application for bail refused by the Children's Court Applicant had a qualified right to bail
Legislation:	Bail Act 1982 (WA) s 13(1), Sch 1 Pt A par 3, Pt C pars 1, 2 and 3
Case References:	KM v The Queen, unreported; SCt of WA; Library No 7193; 14 January 1988 Lim v Gregson [1989] WAR 1 R v Ladd (1958) 75 WN (NSW) 431 R v McDowell [1954] QWN 47; [1954] QJPR 155 R v Pascoe (1960) 78 WN (NSW) 59 R v Ryan (1961) 78 WN (NSW) 585 WCVB v The Queen [1989] 1 WAR 279 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : "H" -v- THE QUEEN [2002] WASC 39 CORAM : MALCOLM CJ HEARD : 5 MARCH 2002 DELIVERED : 12 MARCH 2002 FILE NO/S : INS 50 of 2002 BETWEEN : "H"

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law - Bail - Renewed application for bail pending hearing of a charge of murder - Applicant aged 16 at the date of the alleged offence - Applicant in custody since 15 November 2001 - Previous application for bail refused by the Children's Court - Applicant had a qualified right to bail

Legislation:

Bail Act 1982 (WA) s 13(1), Sch 1 Pt A par 3, Pt C pars 1, 2 and 3

Result:

Bail granted

(Page 2)

Category: A

Representation:

Counsel:

Applicant : Ms G A Archer

Respondent : Mr R J Lewis

Solicitors:

Applicant : Legal Aid WA

Respondent : State Director of Public Prosecutions

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

KM v The Queen, unreported; SCt of WA; Library No 7193; 14 January 1988
Lim v Gregson [1989] WAR 1
R v Ladd (1958) 75 WN (NSW) 431
R v McDowell [1954] QWN 47; [1954] QJPR 155
R v Pascoe (1960) 78 WN (NSW) 59
R v Ryan (1961) 78 WN (NSW) 585
WCVB v The Queen [1989] 1 WAR 279

Case(s) also cited:

Nil

(Page 3)

1 MALCOLM CJ: This is a renewed application for bail by a juvenile pursuant to s 15 of the Bail Act 1982 (WA) pending the hearing of a charge of murder on which the applicant has been committed for trial in this Court. The applicant made an earlier application for bail in the Children's Court at Perth which was unsuccessful. The applicant has been charged with the murder of one Ronald Mark Hilsley. That charge is now incorporated in an indictment dated 1 March…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading "H" v The Queen

Details

AGLC: "H" v The Queen [2002] WASC 39
Case: [2002] WASC 39
Decision Date

CaseChat Overview and Summary

The applicant, "H", applied for bail pending his trial on a charge of murder. He had previously been refused bail by the President of the Children's Court. The primary issue for the Court was whether, in the circumstances, bail should be granted. The applicant's age at the time of the alleged offence, his antecedents, and the nature of the offence were all relevant to the determination of the application. The Court considered the relevant statutory provisions and common law principles. In reaching its decision, the Court considered the relevant factors set out in the Bail Act, including whether there were exceptional circumstances warranting the grant of bail. The Court concluded that the applicant should be granted bail subject to appropriate conditions.

Orders