McRoberts v The Queen

Case [2018] NTCCA 11


CITATION:McRoberts v The Queen [2018] NTCCA 11

PARTIES:  McROBERTS, John Ringland

v

THE QUEEN

TITLE OF COURT:  COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY

JURISDICTION:  CRIMINAL APPEAL from the SUPREME COURT exercising Territory Jurisdiction

FILE NO:21616999

DELIVERED:  2 July 2018

HEARING DATES:  27 June 2018 and 2 July 2018

JUDGMENT OF:  Southwood ACJ

CATCHWORDS:

CRIMINAL LAW – Appeal – Appeal Bail – Bail Act 1982 (NT) s 23A – whether special or exceptional circumstances shown – prospects of success on appeal insufficient – real risk of miscarriage of justice not demonstrated at this stage of the appeal – no real hardship – bail refused

Bail Act 1982 (NT) s 23A.

Brent v The Queen (1994) 70 A Crim R 1, Caratti v The Queen (2001) 1 LegRep C1, Chamberlain v The Queen [No. 1] (1983) 153 CLR 514, Chew v The Queen [No 2] (1991) 66 ALJR 221, Doggett v The Queen (Bail Application) (Unreported, High Court, Callinan J, B 54/2000, 2 November 2000), Ex Parte Maher [1986] 1 Qd R 303, Hanson v Director of Public Prosecutions (Qld) (2003) 142 A Crim R 241, Johnson v Miller (1937) 59 CLR 467, King v The Queen (1985) 17 A Crim R 184, King v The Queen (1986) 161 CLR 423, Lane v The Queen [2017] VSCA 170, Marotta v The Queen (1998) 160 ALR 525, Parsons v The Queen (1998) 72 ALJR 1325, Peters v The Queen (1996) 71 ALJR 309, R v Abbott (1997) 97 A Crim R 19, R v Giordano (1982) 31 SASR 241, R v Wilson (1994) 34 NSWLR 1, Re Clarkson [1986] VR 583, Re Jackson [1997] 2 VR 1, Re Pennant [1997] 2 VR 85, Re Zoudi (2016) 14 VR 580, Robinson v The Queen (1991) 65 ALJR 519, Sinanovic v The Queen (No 1) (2001) 179 ALR 520, Sullivan v Director of Public Prosecutions (2000) 17 LegRep C13, United Mexican States v Cabal (2001) 209 CLR 165, Velevski v The Queen (2000) 18 LegRep C2, Weston v The Queen (2000) 16 LegRep C2, Willers v The Queen (Bail Application) (unreported, WACCA, BC9503653, 7 June 1995), referred to.

J Willis, ‘Bail Pending Appeal after Conviction and Sentence on Indictment’ (2005) 29 Crim LJ 296.

REPRESENTATION:

Counsel:

Appellant:A Elliott

Respondent:  M Chalmers

Solicitors:

Appellant:S Ramdhas

Respondent:  

Judgment category classification:   B

Judgment ID Number:  Sou1803

Number of pages:  23

IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

McRoberts v The Queen [2018] NTCCA 11

No. 21616999

BETWEEN:

JOHN RINGLAND McROBERTS

Applicant

AND:

THE QUEEN

Respondent

CORAM:    Southwood ACJ

REASONS FOR JUDGMENT

(Delivered 2 July 2018)

Southwood ACJ:

  1. On 31 May 2018, following a six week trial, John Ringland McRoberts, the applicant, was found guilty by a jury of the crime of attempt to pervert the course of justice contrary to s 109 of the Criminal Code (NT).

  2. On 26…

Continue reading McRoberts v The Queen

Sign in free to access the full text

Details
AGLC
McRoberts v The Queen [2018] NTCCA 11
Case
[2018] NTCCA 11
Decision Date

CaseChat Overview and Summary

McRoberts applied to the Supreme Court of the Northern Territory for bail pending an appeal against his conviction. The application was heard by Southwood ACJ.

The primary legal issue before the Court was whether McRoberts had demonstrated "special or exceptional circumstances" warranting the grant of bail under section 23A of the *Bail Act 1982* (NT). This required the Court to consider the prospects of success on appeal and whether there was a real risk of a miscarriage of justice if bail were refused.

Southwood ACJ found that McRoberts had not established special or exceptional circumstances. His Honour concluded that the prospects of success on appeal were insufficient to satisfy the threshold required by the Act. Furthermore, the Court determined that a real risk of miscarriage of justice had not been demonstrated at this stage of the appeal proceedings, nor was there evidence of real hardship that would justify granting bail.

Consequently, the application for bail was refused.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.