Pinkstone v The Queen

Case [2000] WASC 321


PINKSTONE -v- THE QUEEN [2000] WASC 321



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 321
Case No:MCR:67/199914-15 DECEMBER 2000
Coram:ROBERTS-SMITH J18/12/00
21Judgment Part:1 of 1
Result: Application refused
PDF Version
Parties:ANTHONY JOHN PINKSTONE
THE QUEEN

Catchwords:

Criminal procedure
Bail
Serious offences
Attempting to supply cocaine; supplying methylampehtamine
Bail previously refused on two occasions by Supreme Court
Whether change of cirumstances
Exceptional circumstances
Delay in being brought to trial
Risk of applicant absconding

Legislation:

Bail Act 1982 (WA), s 14(2a), Sch 1, Part C, cl 1 and cl 3

Case References:

Alexopoulos v R, unreported; SCt of Vic; BC 9800603; 23 February 1998
Christian v R, unreported; SCt of WA; Library No 9650095; 3 March 1995
Gillis v Gawned (1992) 8 WAR 211
Marotta v R [1999] HCA 4
Rechichi [1999] WASC 73
WCVB v R (1989) 1 WAR 279

Lim v Gregson [1989] WAR 1
R v Chan (1989) 38 A Crim R 337
R v Cookson (1989) 45 A Crim R 121
Gavin v The Queen (1991) 6 WAR 195
Bond v The Queen [2000] HCA 13

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : PINKSTONE -v- THE QUEEN [2000] WASC 321 CORAM : ROBERTS-SMITH J HEARD : 14-15 DECEMBER 2000 DELIVERED : 18 DECEMBER 2000 FILE NO/S : MCR 67 of 1999 BETWEEN : ANTHONY JOHN PINKSTONE
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal procedure - Bail - Serious offences - Attempting to supply cocaine; supplying methylampehtamine - Bail previously refused on two occasions by Supreme Court - Whether change of cirumstances - Exceptional circumstances - Delay in being brought to trial - Risk of applicant absconding




Legislation:

Bail Act 1982 (WA), s 14(2a), Sch 1, Part C, cl 1 and cl 3




Result:

Application refused




(Page 2)

Representation:


Counsel:


    Applicant : Mr R Richter QC & Mr W B Harris
    Respondent : Ms G A Archer


Solicitors:

    Applicant : Andree Horrigan
    Respondent : State Director of Public Prosecutions


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

Alexopoulos v R, unreported; SCt of Vic; BC 9800603; 23 February 1998
Christian v R, unreported; SCt of WA; Library No 9650095; 3 March 1995
Gillis v Gawned (1992) 8 WAR 211
Marotta v R [1999] HCA 4
Rechichi [1999] WASC 73
WCVB v R (1989) 1 WAR 279

Case(s) also cited:



Lim v Gregson [1989] WAR 1
R v Chan (1989) 38 A Crim R 337
R v Cookson (1989) 45 A Crim R 121
Gavin v The Queen (1991) 6 WAR 195
Bond v The Queen [2000] HCA 13

(Page 3)

1 ROBERTS-SMITH J: This is an application for bail by notice of motion filed on 8 December 2000 and which was heard on 14 and 15 December. It is supported by the following affidavits: (1) John Roger Nekvapil, dated 26 November 2000; (2) Regine Mikellides, dated 1 December 2000; (3) the applicant's affidavit dated and filed 14 December 2000; (4) Barry…

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Pinkstone v The Queen [2000] WASC 321
Case
[2000] WASC 321
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CaseChat Overview and Summary

In the matter of Pinkstone v The Queen, the defendant appealed against the refusal of bail by the Supreme Court, which had twice denied his application. The case involved allegations of attempting to supply cocaine and supplying methylamphetamine, categorised as serious offences. The defendant's bail application was heard in the High Court, where the key issues centred on whether there had been a change in circumstances warranting a reconsideration of bail, specifically regarding the delay in bringing the defendant to trial and the risk of absconding. The High Court examined whether these factors constituted exceptional circumstances that would justify a departure from the usual principles governing bail decisions for serious offences.

The High Court evaluated whether the significant delay in the trial proceedings and the risk of the defendant absconding constituted exceptional circumstances warranting a bail review. The Court considered the length of the delay and its impact on the defendant's ability to prepare a defence, as well as the specific risks associated with releasing the defendant on bail given the nature of the alleged offences. The Court also weighed the public interest in ensuring that serious criminal proceedings are brought to a timely conclusion against the individual's right to liberty pending trial.

The Court concluded that despite the delay and the risk of absconding, these factors did not amount to exceptional circumstances sufficient to override the presumption against bail for serious indictable offences. The Court held that the delay, while regrettable, did not significantly prejudice the defendant's ability to mount a defence, and the risk of absconding, while present, did not reach the level required to warrant exceptional consideration. The application for bail was, therefore, refused, and the previous orders denying bail were upheld.

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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