Palmer v The Queen

[2015] ACTSC 202

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

PALMER V THE QUEEN

Citation:

[2015] ACTSC 202

Hearing Date(s):

10 July 2015

DecisionDate:

10 July 2015

Before:

Robinson AJ

Decision:

The application is dismissed.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Practice and Procedure – Bail – Previous failure to appear for trial in accordance with a bail undertaking – Extensive criminal history

Legislation Cited:

Bail Act 1992 (ACT), s 20

Parties:

Paul Palmer (Applicant)

The Queen (Respondent)

Representation:

Counsel

Mr P Palmer (Self represented) (Videolink) (Applicant)

Ms S Gul (Respondent)

Solicitors

Self-represented (Applicant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

SCC 103A of 2014; 103B of 2014

ROBINSON AJ:

1. Mr Paul Palmer applied, by application of 7 July 2015, for bail, pending his two trials which are scheduled to commence on 31 August and 7 September respectively.  He is charged with serious offences in those two trials. I do not have any understanding of whether the Crown case is strong or is not strong in relation to either of those trials.  Those trials are effectively rescheduled trials where the first scheduling of those trials was for 18 March 2015.

1. On that day, the applicant, Mr Palmer, did not attend his trial.  He has no explanation for his failure to attend the trial. Indeed, he acknowledges that he has shot himself in the foot by that failure. A warrant was issued for his arrest and approximately three months later Mr Palmer was found in the ACT. I have not gone into whether he was found in a drug house or whether he was hiding in a cupboard. It is not necessary to explore that evidence. 

1. I have had regard to the several other breaches of Mr Palmer’s bail conditions occurring on other occasions. He has a very extensive criminal record as well.  I regard him as a very high flight risk for those matters that I have set out. 

1. I have jurisdiction to entertain this application derived from s 20B of the Bail Act 1992 (ACT).

1. In all the circumstances which I have recounted, I decline to grant bail to the applicant, Mr Palmer. 

I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Robinson.

Associate:

Date:10 August 2015