James v The State of Western Australia
[2013] WASC 235 (S)
•14 JUNE 2013
JAMES -v- THE STATE OF WESTERN AUSTRALIA [2013] WASC 235 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 235 (S) | |
| Case No: | MBA:14/2013 | 14 JUNE 2013 | |
| Coram: | EDELMAN J | 14/06/13 | |
| 3 | Judgment Part: | 1 of 1 | |
| Result: | Suppression order made | ||
| B | |||
| PDF Version |
| 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
- 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.
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