Lacey v. DPP (Qld); Lacey v DPP

Case [2007] QCA 413


SUPREME COURT OF QUEENSLAND

CITATION:

Lacey v DPP (Qld); Lacey v DPP [2007] QCA 413

PARTIES:

JADE MICHAEL LACEY
(applicant/appellant)
v
DIRECTOR OF PUBLIC PROSECUTIONS (QUEENSLAND)

(respondent)

DIONNE MATTHEW LACEY
(applicant/appellant)
v
DIRECTOR OF PUBLIC PROSECUTIONS (QUEENSLAND)

(respondent)

FILE NO/S:

Appeal No 9742 of 2007
Appeal No 9740 of 2007
SC No 4213 of 2007  
SC No 4216 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal/Appeal from Bail Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

23 November 2007

DELIVERED AT:

Brisbane

HEARING DATE:

8 November 2007

JUDGES:

Williams and Keane JJA and Daubney J
Judgment of the Court

ORDER:

In Appeal No 9742 of 2007:

1. Appeal against refusal for bail dismissed

2. Application for bail dismissed

In Appeal No 9740 of 2007:

1. Appeal against refusal for bail dismissed

2. Application for bail dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – GROUNDS FOR GRANTING OR REFUSING – BEFORE TRIAL – GENERALLY – where appellants awaiting trial for various charges including murder – where both applicants in a show cause position under s 16(3) Bail Act 1980 (Qld) – relevance of delay under s 16(3) – whether learned trial judge had proper regard to appellants surrender – whether circumstances have changed materially since original hearing

Bail Act 1980 (Qld) , s 16(3)

DPP v Bakir [2006] QCA 562; Appeal No 10888 of 2006, 22 December 2006, cited
Scrivener v DPP (2001) 125 A Crim R 279, cited
Western Australia v Oates [2004] WASCA 214, cited

Williamson v DPP [2001] 1 Qd R 99; [1999] QCA 356, considered

COUNSEL:

B W Walker SC for the appellants
M J Copley for the respondent

SOLICITORS:

Boe Lawyers for the appellants
Director of Public Prosecutions (Queensland) for the respondent

  1. THE COURT:  On 11 October 2007 Martin J refused applications by each appellant for bail in relation to the charges for which they were then, and remain, in custody.[1]

  1. Each appellant now:

(a)     appeals against that refusal of bail; and
(b)     applies to this Court for bail in its original jurisdiction.

The charges

  1. The appellants face serious charges arising out of events which occurred, or are alleged to have occurred, in April and May 2007. 

  1. Each appellant has been charged with murder and unlawful wounding in connection with the death of Kevin Palmer on 6 May 2007.  When assessing the prosecution evidence in relation to these charges for the purposes of the bail applications, the learned primary judge noted that the evidence was circumstantial, but that the statements of the prosecution witnesses nevertheless established a “strong case” for the present purpose.  The appellants did not contend that his Honour erred in this characterisation of the evidence in relation to those charges. 

  1. Each appellant has also been charged with a series of offences, including attempted murder, various assault charges, torture and deprivation of liberty in connection with the alleged abduction of Owen Matthews.  The alleged events are…

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Details
AGLC
Lacey v DPP (Qld); Lacey v DPP [2007] QCA 413
Case
[2007] QCA 413
Decision Date

CaseChat Overview and Summary

The appellants in Lacey v DPP (Qld) were awaiting trial for various charges, including murder, and had applied for bail under the Bail Act 1980 (Qld). Both applicants were in a show cause position under section 16(3) of the Act, necessitating a higher threshold for bail to be granted. The court was required to decide whether the learned trial judge had given appropriate consideration to the appellants' surrender and whether circumstances had materially changed since the original hearing, particularly in light of the delay in granting bail.

The legal issues centered on the interpretation and application of section 16(3) of the Bail Act 1980 (Qld). The court needed to determine whether the trial judge had properly considered the appellants' surrender and whether the delay in granting bail warranted reconsideration of the bail application. The court had to balance the principle of timely access to bail with the need to ensure public safety and the integrity of the judicial process.

The court found that the learned trial judge had given proper regard to the appellants' surrender and had appropriately considered the circumstances of the case, including the delay in granting bail. The court held that there had been no material change in circumstances since the original hearing that warranted a reconsideration of the bail decision. Consequently, the appeals against the refusal of bail were dismissed, and the applications for bail were rejected. The court emphasised the importance of the trial judge's discretion in these matters and confirmed that the decisions were within the scope of the judge's authority.

Orders

Orders of the court

In Appeal No 9742 of 2007:

1. Appeal against refusal for bail dismissed

2. Application for bail dismissed

In Appeal No 9740 of 2007:

1. Appeal against refusal for bail dismissed

2. Application for bail dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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