Kelly v The Queen

[2015] ACTCA 35

HUMAN RIGHTS ACT

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

KELLY v THE QUEEN

Citation:

[2015] ACTCA 35

Hearing Dates:

26 June 2015

DecisionDate:

29 June 2015

Before:

Refshauge J

Decision:

1.    The sentence imposed upon Stanley Kelly on 28 April 2015 be stayed.

2.    Bail be granted to Stanley Kelly, until the hearing of the appeal on 11 August 2015 or further order, subject to the following conditions:

     i.     That he reside at [an address in the ACT];

    ii.     That he be under the supervision of the Director General on her delegate and that he obey all reasonable directions of the person supervising him;

    iii.    That he report to the Officer in Charge of Woden Police Station each day between the hours of 8:00am and 8:00pm;

   iv.     Subject to condition 5, that he not enter the suburbs of Canberra south of Hindmarsh Drive;

     v.    That, despite condition 4, he may travel by the Tuggeranong Parkway and Drakeford Drive to the premises at [an address in the ACT], though under no circumstances travelling within the suburbs of Theodore or Gilmore, and be present at those premises for the purpose of packing up his property at those premises and moving it elsewhere and then leaving the premises by the Tuggeranong Parkway and Drakeford Drive, without entering the suburbs of Theodore or Gilmore, and at all times while he travels to or from the premises at Bonython and while at those premises being in the company of an adult person;

   vi.     That he not contact, directly or indirectly, approach, hinder or harass or be within 100 metres of JF, CS, SH or BA or any of their parents or siblings;

   vii.    That he not access any social media, including, but not limited to, those listed in the attachment to these conditions;

  viii.    That he continue to attend the Cognitive Self-Change Program conducted by ACT Adult Corrective Services, until he completes it;

   ix.     That he apply for admission to and, if admitted, attend all sessions of the ACT Adult Corrective Services Adult Sex Offenders Program until he has completed it;

     x.    That he not access any internet site which contains pornography and that he permit any officer of the Australian Federal Police to access any computer to which he has access;

    xi.    That he not be within 100 metres of any school and that he not be in the company of any child under the age of 10 years, other than his daughter, YK, except when he is in the company of another adult;

   xii.    That he not leave the Australian Capital Territory.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Jurisdiction, Practice and Procedure – Application for bail – Appeal pending – Committing acts of indecency on young persons – Whether a stay should be granted – Whether bail should be granted – Special and exceptional circumstances – Portion of custodial sentence served before the appeal is heard – Expiry of non parole period – Refusal by…