Lawson v The State of Western Australia [No 2]

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT : THE COURT OF APPEAL (WA)

CITATION: LAWSON -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2017] WASCA 189

CORAM: MAZZA JA

HEARD: 28 SEPTEMBER 2017

DELIVERED : 28 SEPTEMBER 2017

PUBLISHED : 16 OCTOBER 2017

FILE NO/S: CACR 130 of 2017

BETWEEN: SHAUN PHILLIP LAWSON
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent

ON APPEAL FROM:
Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA
Coram  :CORBOY J
File No  :INS 213 of 2015

Catchwords:

Criminal law - Application for bail pending appeal - Exceptional circumstances

Legislation:

Nil

Result:

Application dismissed

Category: B

Representation:

Counsel:

Appellant: In person
Respondent: Ms G Beggs

Solicitors:

Appellant: In person
Respondent: Director of Public Prosecutions (WA)

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

Lawson v The State of Western Australia [2017] WASCA 137
MAZZA JA:
(These reasons were delivered extemporaneously and have been edited from the transcript.)

Before the court is the appellant's application filed on 11 September 2017 for bail pending his appeal against sentence. This is his second such application, the first having been dismissed on 5 July 2017: see Lawson v The State of Western Australia [2017] WASCA 137. The relevant factual background to this case is set out in those reasons and does not require repetition. These reasons should be read in conjunction with that decision.
This being a second application for bail pending appeal where the first was refused, the appellant must demonstrate that since 5 July 2017 circumstances have come to light which were not previously known or circumstances have changed to justify me reconsidering the question of bail.
The appellant recognises this requirement. In his brief affidavit in support of the application sworn 11 September 2017, the appellant deposes to the following four matters, which he says are sufficient to enable me to reconsider the question of the bail:
(1)He has received news that there is a 'high possibility' he may be the father of a three‑year‑old boy born to his former partner. He says she is barely coping, and he wishes to help her bring up the child.
(2)Since 5 July 2017, the appellant's mental health has deteriorated.
(3)On 30 August 2017, this court granted leave to appeal on ground 2 of his appeal.
(4)If he is granted bail, he will be better able to secure legal representation for his appeal.
Even if I accept the information concerning the first and second matters on their face, none of the four matters, either individually or in combination, are sufficient to justify a reconsideration of my earlier decision.
As to the first matter, imprisonment has an inevitable impact on an offender's family. Assuming that bail pending appeal could be granted on this basis, it would only be in a rare case. The circumstances deposed to by the appellant are, sadly, not uncommon, and fall a long way short of being such a case.
As to the second matter, the appellant's mental health issues are well known, and are not to be lightly dismissed. However, they are treatable in prison and they are being treated in prison.
As to the third matter, ground 2 concerns only the appellant's motor driver's licence disqualification. The other grounds, being grounds 1, 3, 4, 5 and 6, concern the sentence of immediate imprisonment that was imposed by the sentencing judge. Those grounds have been referred to the hearing of the appeal. I remain of the view that, on a preliminary basis, these grounds do not enjoy sufficient prospects of success to justify a grant of bail.
As to the fourth matter, while I am well aware of the practical difficulties prisoners have in securing legal representation and preparing appeals, the reality is that, despite these difficulties, appeals are frequently presented to this court by prisoners in the appellant's position.
For these reasons, the application of 11 September 2017 must be dismissed, and I so order.

The case of Lawson v The State of Western Australia [No 2] involved an application for bail by the appellant, Lawson, who was currently serving a custodial sentence. The application was made pending the outcome of an appeal against the conviction and sentence imposed by the Supreme Court of Western Australia. The nature of the dispute centred around whether exceptional circumstances existed to warrant the grant of bail while the appeal was being heard. The application was heard in the Full Court of the Supreme Court of Western Australia.

The primary legal issue before the court was to determine whether the appellant had demonstrated exceptional circumstances that warranted the grant of bail pending the appeal. The court had to consider whether the appeal had a real prospect of success and whether there were any significant grounds of appeal that warranted the appellant being released on bail. The court also had to assess whether the appellant posed a flight risk or a danger to the community if released on bail.

The Full Court, in its decision, found that while the appellant had demonstrated a real prospect of success on appeal, the exceptional circumstances required for the grant of bail were not present. The court held that the appeal did not raise significant grounds of appeal that would justify the appellant being released on bail. Furthermore, the court was satisfied that the appellant did not pose a flight risk or a danger to the community. Consequently, the application for bail was dismissed. The Full Court emphasised the need for a high threshold to be met for the grant of bail in such circumstances, given the potential impact on public safety and the administration of justice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established