JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: MUSARRI -v- THE QUEEN [2001] WASC 200
CORAM: WHITE AUJ
HEARD: 25 JULY 2001
DELIVERED : 3 AUGUST 2001
FILE NO/S: MCS 71 of 2000
BETWEEN: PAOLO MUSARRI
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Application for bail - Second application to this Court after earlier refusal to grant bail - Whether new facts have been discovered, new circumstances have arisen or the circumstances have changed since bail was previously refused by a Judge of this Court, to overcome the effect of Pt B, cl 2 of the first Schedule to the Bail Act 1982 - Turns on own facts
Legislation:
Bail Act 1982, 1st Sch, cl 2 and cl 4
Criminal Property Confiscation of Property Act 2000
Result:
Application dismissed
Category: B
Representation:
Counsel:
Applicant: Mr R Richter QC
Respondent: Mr J Mactaggart
Solicitors:
Applicant: Pryles & Defteros
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Edwards (1988) 35 A Crim R 465
Case(s) also cited:
R v Rechichi [1999] WASC 73
WHITE AUJ: This is an application to be released on bail pending the trial of the applicant on a charge of conspiring to possess heroin with intent to sell or supply it to another and two charges of supplying amphetamine. After the matter came on before me, my attention was drawn to an affidavit which had, it seems, been filed in court shortly before, but which had not yet reached me. It is the affidavit of Gavin George Wells, the solicitor acting for the applicant. In that affidavit, Mr Wells deals with the events subsequently to the hearing before Heenan J and, particularly, with the state of the business (which has closed down), the actions of Citibank and of Westpac in relation to the calling up of mortgages and the evidence at the preliminary hearing. He submits that an analysis of that evidence shows that the Crown case has been exposed as much weaker than previously submitted, with a clear likelihood that the applicant will be acquitted at trial.
Nonetheless, it is true that, at the conclusion of the preliminary hearing, the learned Magistrate did commit the applicant for trial.
Annexed to Mr Wells' affidavit is a letter from Dr Phil Watts, a Clinical and Forensic Psychologist, who described the effects upon the applicant of his imprisonment. Having perused his letter carefully, I am not persuaded that its contents establish a relevant change of circumstance or a new fact, within the meaning of cl 4.
The applicant was arrested in October 2000 and has been in custody ever since. He made an application to this Court to be released on bail on 17 October 2000 and that application was refused by Heenan J for reasons which his Honour published on 2 November 2000.
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- AGLC
- Musarri v The Queen [2001] WASC 200
- Case
- [2001] WASC 200
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the new facts or circumstances presented by Musarri were substantial enough to justify a reconsideration of the bail decision. Counsel for Musarri argued that three factors indicated new facts or changed circumstances: the absence of committal proceedings during the initial bail application, the outcome of these proceedings, and the nature of the Crown's case, which was circumstantial and relied on inferences from telephonic communications. The court had to assess whether these factors constituted new and significant considerations that could influence the bail decision.
After thorough consideration, the court concluded that the new facts and circumstances presented by Musarri did not sufficiently alter the balance of considerations to warrant a reconsideration of the bail decision. The court found that the additional material did not introduce new considerations that would likely have changed the outcome of the initial bail refusal. Consequently, the application for bail was dismissed, and the court upheld the earlier decision to deny bail.
In conclusion, the court's decision emphasized the importance of new and significant considerations in justifying a reconsideration of a bail decision under the Bail Act 1982. The court's ruling reflected a cautious approach to successive bail applications, ensuring that such applications are not granted lightly unless they present compelling new evidence or circumstances.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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