In the matter of an application for bail by Shane William Sebbens

Case

[2014] ACTSC 281

25 July 2014


Details
AGLC Case Decision Date
In the matter of an application for bail by Shane William Sebbens [2014] ACTSC 281 [2014] ACTSC 281 25 July 2014

CaseChat Overview and Summary

Shane William Sebbens made an application for bail which was heard in the Supreme Court of Queensland. Sebbens was facing criminal charges and had previously been denied bail by the Magistrates Court. He now sought bail on the basis of a change in circumstances, specifically his engagement in a work placement program. The court was required to determine whether there had been a sufficient change in circumstances to warrant a hearing of the bail application and if it had jurisdiction to hear the application.

The court found that Sebbens’ engagement in the work placement program did not constitute a change in circumstances as it was information known to Sebbens at the time of the earlier bail application and had not been adduced. The court held that an application for bail could only be made on the basis of a change in circumstances that was not known to the applicant at the time of the earlier application. As Sebbens had not satisfied this requirement, the court did not have jurisdiction to hear the application.

As the court did not have jurisdiction to hear the application, it was dismissed. The court found that there had been no change in circumstances sufficient to warrant a hearing of the bail application. The court noted that it was not appropriate to make any orders that would allow Sebbens to apply for bail again in the future, as he had not satisfied the requirements for a change in circumstances. The application for bail was therefore refused.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Bail

  • Change of Circumstances

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Most Recent Citation
R v Brown [2018] ACTSC 116

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8

Johnson v Powrie [2018] ACTCA 46
R v Brown [2018] ACTSC 116
R v Al-Harazi (No 4) [2016] ACTSC 298
Cases Cited

18

Statutory Material Cited

5

Holland v The Queen [1993] HCA 43