In the Matter of An Application for Bail BY Luke Marsh [No 2]

[2013] ACTSC 17

IN THE MATTER OF AN APPLICATION FOR BAIL BY LUKE MARSH [No 2]
[2013] ACTSC 17 (18 January 2013)

CRIMINAL LAW – application for bail – no special and exceptional circumstances – no statement of principle – application refused.

EX TEMPORE JUDGMENT

No. SCC 2 of 2013

Judge:             Refshauge J
Supreme Court of the ACT

Date:              18 January 2013

IN THE SUPREME COURT OF THE     )
  )          No. SCC 2 of 2013
AUSTRALIAN CAPITAL TERRITORY           )          

IN THE MATTER OF AN APPLICATION FOR BAIL BY LUKE MARSH

ORDER

Judge:  Refshauge J
Date:  18 January 2013
Place:  Canberra

THE COURT ORDERS THAT:

1. The application for bail is refused.

1. Mr Marsh has made application for bail on the basis that he wishes to complete a Cultural Art Diploma which he commenced, as I understand it, in 2009.  He then completed about six to eight months of the Diploma, recommencing in June or July 2012, presumably until the end of term which was, no doubt, at some time in December 2012. His total participation appears to have been something over one year.  The Diploma takes three years to complete.

2. It is clear from the evidence before me that his participation in that program has been valuable and has been of benefit to him.  It is also clear to me that he will be able to continue and complete the program when he is released from custody.  The evidence was that the program will open on 5 February 2013, with courses commencing the following week on 12 February 2013.  I note that Mr Marsh’s appeal is listed for hearing on 27 February 2013. 

3. Mr Marsh has made complaints about access to art in the Alexander Maconochie Centre and clearly there are restrictions on that.  The evidence was that he has enrolled in at least one art program and also a conservation and land management program.  Those programs are available for him from 9.30 am to 11.30 am on Mondays, Tuesdays, Thursday and Fridays.  He has made complaints about the delay in starting the programs and early-ending of the programs.  Those are matters that really are of no significance to this application.  He can take those up with management in the Alexander Maconochie Centre if he wishes to do so.

4. It is clear that it would be desirable for Mr Marsh to complete the Diploma and continue to work at the art for which he obviously shows an aptitude for and some distinction.  I am told that a piece of his art was shown in the program’s exhibition and that is of value. 

5. Fundamentally, however, the question is whether he should be released on bail in order to participate in that program. 

6. Bail is currently unavailable because of a requirement to show special and exceptional circumstances.  Given the date on which his appeal is now set to be heard, and the other circumstances, I am not satisfied that his need to participate in the Diploma at this stage is a special and exceptional circumstance and the application is dismissed.

   I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Refshauge.

   Associate:

   Date:    5 February 2013

Counsel for the applicant:  The applicant appeared in person
Counsel for the respondent:   Ms A Clarke
Solicitor for the respondent:  ACT Director of Public Prosecutions
Date of hearing:  18 January 2013
Date of judgment:  18 January 2013