Parnis, J.F. v Queen

[1993] FCA 829

AUSTRALIA L

%M<&

JUDGES'CHAMBERS
FEDERAL COURT OF AUSTRALIA

a 9 ,?3

JUDGMENT No. ...,.,...o .... ,... . l O1l . l l l

IN THE FEDERAL COURT OF AUSTRALIA	)
)
AUSTRALIAN CAPITAL TERRITORY	i .

No. ACT G 98 of 1993

DISTRICT REGISTRY	1 \
I
GENERAL DIVISION	1

BETWEEN: JOHN FRANCIS PARNIS

Applicant

AND: THE OUEEN

Respondent

Neaves J. RECEIVED

29 October 1993 FEDERAL COURT OF

PRINCIPAL REGISTRY

REASONS FOR JUDGMENT
(EX TEMPOREL

This is an application, by motion on notice, by John Francis Parnis ("the applicant") for bail pending the hearing of an appeal, instituted by him in this Court on 28 October 1993, against the sentence-S imposed upon him in the Supreme Court of the Australian Capital Territory (Gallop J.) on 27 October 1993. Sentences were imposed in

pleaded guilty. He was sentenced in respect of each offence respect of 7 offences of theft to which the applicant had	to imprisonment for 6 months, the sentences to be served
cumulatively, making a total sentence of imprisonment for three and a half years. A non-parole period of 18 months was fixed.
On the hearing of the motion I have had the benefit of substantial argument both in support of, and against, the granting of the relief sought. I have been referred not only to the affidavit in support of the application but to the remarks of the sentencing Judge when sentencing the applicant on 27 October 1993. I have also been referred to some other material and to a number of decided cases in relation to the principles to be applied when an application for bail is made in such circumstances as these.
Counsel for the applicant, recognising the burden which it was necessary for the applicant to discharge if the motion is to be successful, has urged everything that could be said in favour of the granting of bail. Consideration of those matters, however, leads me to the conclusion that they are not sufficiently compelling to warrant the granting of the application. The motion is, therefore, dismissed.

I certify that this and the preceding page is a true copy of the Reasons for Judgment herein of the Honourable M r Justice Neaves h

Dated: 29 October 1993

Counsel for the applicant : Mr B.J. Salmon QC

Solicitors for the applicant : Legal Aid Office (ACT)

Counsel for the respondent : Mr J. Ibbotson

Solicitor for the respondent : Director of Public

Prosecutions (ACT)

Date of hearing : 29 October 1993