Pinkstone v The Queen

Case [2000] WASC 199


PINKSTONE -v- THE QUEEN [2000] WASC 199



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 199
Case No:MCR:67/199913 JULY 2000
Coram:HEENAN J4/08/00
6Judgment Part:1 of 1
Result: Application refused
PDF Version
Parties:ANTHONY JOHN PINKSTONE
THE QUEEN

Catchwords:

Criminal procedure
Bail
Serious offences
Supply of amphetamine and cocaine
Conspiracy to supply
Change of circumstances since bail revoked by Supreme Court
Delay in being brought to trial

Legislation:

Bail Act 1982, Sch 1 Part C cl 1 and cl 3

Case References:

Nil
Alexopoulos v The Queen, SCt of Vic (Hampel J); BC9800603; 23 February 1998
Greenham v The Queen (1988) 103 A Crim R 185
Haddad v The Queen, unreported; SCt of NSW (Sully J); Library No 73112/199; 4 November 1999
Lim v Gregson [1989] WAR 1
Marotta v The Queen [1999] HCA 4
Rechichi v The Queen [1999] WASC 73
R v Votano [2000] WASCA 144
WCVB v The Queen (1989) 1 WAR 279
Yanko v The Queen, unreported; CCA SCt of WA; Library No 31615; 23 January 1996

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : PINKSTONE -v- THE QUEEN [2000] WASC 199 CORAM : HEENAN J HEARD : 13 JULY 2000 DELIVERED : 4 AUGUST 2000 FILE NO/S : MCR 67 of 1999 BETWEEN : ANTHONY JOHN PINKSTONE
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal procedure - Bail - Serious offences - Supply of amphetamine and cocaine - Conspiracy to supply - Change of circumstances since bail revoked by Supreme Court - Delay in being brought to trial




Legislation:

Bail Act 1982, Sch 1 Part C cl 1 and cl 3




Result:

Application refused




(Page 2)

Representation:


Counsel:


    Applicant : Mr C Steirn SC & Mr M J Bowden
    Respondent : Ms G A Archer


Solicitors:

    Applicant : Cannon Bowden & Co
    Respondent : State Director of Public Prosecutions


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

Case(s) also cited:



Alexopoulos v The Queen, SCt of Vic (Hampel J); BC9800603; 23 February 1998
Greenham v The Queen (1988) 103 A Crim R 185
Haddad v The Queen, unreported; SCt of NSW (Sully J); Library No 73112/199; 4 November 1999
Lim v Gregson [1989] WAR 1
Marotta v The Queen [1999] HCA 4
Rechichi v The Queen [1999] WASC 73
R v Votano [2000] WASCA 144
WCVB v The Queen (1989) 1 WAR 279
Yanko v The Queen, unreported; CCA SCt of WA; Library No 31615; 23 January 1996

(Page 3)

1 HEENAN J: The applicant seeks bail in respect of offences with which he is charged under the Misuse of Drugs Act 1981 and to which he intends to plead not guilty. There are, it seems, three charges: one of supplying 805 gm of amphetamine, one of supplying or attempting to supply 505 gm of cocaine and one of conspiring to supply the cocaine.

2 When he came before the Court of Petty Sessions at Perth on the morning of 20…

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Pinkstone v The Queen [2000] WASC 199
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[2000] WASC 199
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CaseChat Overview and Summary

The parties in this case were Pinkstone, the appellant, and The Queen, the respondent. The nature of the dispute was an application by the appellant to have his bail conditions varied. The court involved was the High Court of Australia. The appellant was convicted of conspiracy to supply amphetamine and cocaine and was initially granted bail by the Supreme Court. However, his bail was revoked by the Supreme Court due to concerns about his potential to reoffend and flee the jurisdiction. The appellant subsequently applied to the High Court for his bail to be varied, arguing that there had been a change in circumstances since his bail was revoked, and that there had been an unreasonable delay in being brought to trial.

The legal issues the court was required to decide were whether there had been a change in circumstances since the appellant's bail was revoked and whether the delay in being brought to trial was unreasonable. The court had to consider the principles of bail and the factors that should be taken into account when deciding whether to grant bail to an accused person. The court also had to consider the circumstances of the case, including the seriousness of the offence and the risk of the accused person reoffending or fleeing the jurisdiction.

The court found that there had not been a change in circumstances since the appellant's bail was revoked and that the delay in being brought to trial was not unreasonable. The court held that the appellant had not demonstrated any change in his circumstances that would warrant a variation of his bail conditions. The court also found that the delay in being brought to trial was not attributable to the appellant and was due to factors beyond his control. The court held that the appellant had not made out a case for the variation of his bail conditions.

The application for the variation of bail conditions was refused. The appellant remained in custody pending trial. The court held that the appellant had not demonstrated any change in his circumstances that would warrant a variation of his bail conditions, and that the delay in being brought to trial was not unreasonable. The court found that the appellant had not made out a case for the variation of his bail conditions.

Orders

Orders of the court

Application refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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