JAMES -v- THE STATE OF WESTERN AUSTRALIA [2013] WASC 235 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2013] WASC 235 (S)
Case No:	MBA:14/2013	Heard:	14 JUNE 2013
Coram:	EDELMAN J	Delivered:	14/06/13
No of pages:	3	Judgment Part:	1 of 1
Result:	Suppression order made
Category:	B
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Parties:	KIMBLE JAMES THE STATE OF WESTERN AUSTRALIA
Catchwords:	Criminal practice and procedure Accused in custody on charge of murder Bail refused Sole exceptional reason advanced was weakness of prosecution case Suppression of reasons for refusal to grant bail
Legislation:	Nil
Case References:	Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : JAMES -v- THE STATE OF WESTERN AUSTRALIA [2013] WASC 235 (S) CORAM : EDELMAN J HEARD : 14 JUNE 2013 DELIVERED : 14 JUNE 2013 FILE NO/S : MBA 14 of 2013 BETWEEN : KIMBLE JAMES

Applicant

AND

THE STATE OF WESTERN AUSTRALIA

Respondent

Catchwords:

Criminal practice and procedure - Accused in custody on charge of murder - Bail refused - Sole exceptional reason advanced was weakness of prosecution case - Suppression of reasons for refusal to grant bail

Legislation:

Nil

Result:

Suppression order made

Category: B

Representation:

Counsel:

Applicant : Ms B J Lonsdale

Respondent : Mr G R Huggins

Solicitors:

Applicant : Brendon Slattery

Respondent : Director of Public Prosecutions (WA)

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

Nil

EDELMAN J

(These reasons for suppression were given orally after hearing from counsel at the delivery of reasons for the bail decision. They have been edited for minor changes of style and syntax.)

1 I order suppression of these reasons until the earlier of the time of trial or further order for the following four reasons.

2 First, the application was brought on the basis that the only exceptional circumstance was that the prosecution case was exceptionally weak, which required consideration and explanation of that matter.

3 Secondly, this case is likely to be tried in Kalgoorlie and I accept, as Mr Huggins has submitted, that there may be a media interest in the matter in Kalgoorlie which may lead to publication of some or all of the reasons in that smaller locality from which the jury will be drawn.

4 Thirdly, although I do not in my reasons attempt to descend into the detail of assessment of any ultimate responsibility for the charge, it was nevertheless necessary, in light of the submissions made, to explain, place into context, and make comment upon, evidence proposed to be led at the trial. This comment necessarily will not reflect precisely the manner in which that evidence may ultimately be led.

5 Fourthly, as explained in my reasons, the indictment for murder, which has been the subject matter for consideration of this bail application, has not yet been filed.

In the matter of James v The State of Western Australia, the appellant, James, sought bail after being charged with murder. He argued that there were exceptional reasons justifying his release on bail, given the perceived weaknesses in the prosecution's case. The State of Western Australia opposed the application, maintaining that the appellant's detention was necessary to ensure his appearance in court and to prevent any interference with witnesses or the investigation. The case was heard by the Court of Appeal, which was tasked with determining whether the reasons provided for the refusal of bail were exceptional and whether suppression of those reasons was warranted.

The central legal issue before the Court of Appeal was whether the reasons provided for the refusal of bail were indeed exceptional and warranted suppression. The court needed to consider the principles set out in the Bail Act, including the requirement for exceptional circumstances to justify bail refusal and the circumstances under which suppression of reasons might be appropriate. The court also had to balance the appellant's right to liberty against the interests of justice and public safety.

The Court of Appeal found that the reasons provided for the refusal of bail were exceptional. It determined that suppression was necessary to protect the integrity of the proceedings and to prevent potential prejudice to the appellant or the investigation. The court concluded that the suppression order was appropriate, given the sensitive nature of the information and the potential impact on the administration of justice. The appeal was dismissed, and the suppression order was upheld.

James v The State of Western Australia

JAMES -v- THE STATE OF WESTERN AUSTRALIA [2013] WASC 235 (S)

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