Pitt v The State of Western Australia [No 2]

[2020] WASCA 96

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   PITT -v- THE STATE OF WESTERN AUSTRALIA [No 2] [2020] WASCA 96

CORAM:   MAZZA JA

HEARD:   13 MAY 2020

DELIVERED          :   13 MAY 2020

PUBLISHED           :   16 JUNE 2020

FILE NO/S:   CACR 15 of 2020

BETWEEN:   GEORGE HENRY PITT

Appellant

AND

THE STATE OF WESTERN AUSTRALIA

Respondent

FILE NO/S:   CACR 16 of 2020

BETWEEN:   GEORGE HENRY PITT

Appellant

AND

THE STATE OF WESTERN AUSTRALIA

Respondent

ON APPEAL FROM:

Jurisdiction              :   DISTRICT COURT OF WESTERN AUSTRALIA

Coram:   BOWDEN DCJ

File Number            :   IND 51 of 2018

Catchwords:

Criminal law - Application for bail pending appeal - Changed circumstances not established

Legislation:

Bail Act 1982 (WA), s 14(2a)

Result:

Application dismissed

Category:    B

Representation:

CACR 15 of 2020

Counsel:

Appellant	:	In person
Respondent	:	K Cook

Solicitors:

Appellant	:	In person
Respondent	:	Director of Public Prosecutions (WA)

CACR 16 of 2020

Counsel:

Appellant	:	In person
Respondent	:	K Cook

Solicitors:

Appellant	:	In person
Respondent	:	Director of Public Prosecutions (WA)

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

Pitt v The State of Western Australia [2020] WASCA 54

Stephens v The Queen [2004] WASCA 22

MAZZA JA:

(These reasons were delivered extemporaneously and have been edited from the transcript.)

1. Before the court is the appellant's application for bail pending appeal filed 28 April 2020.  That application is supported by an affidavit sworn by the appellant on 15 April 2020. 

2. On 25 March 2020, I dismissed the appellant's first application for bail.[1] The application of 28 April 2020 is the appellant's second application for bail. In order for me to grant the second application for bail, the appellant must demonstrate in accordance with s 14(2a) of the Bail Act 1982 (WA) that new facts have been discovered, or new circumstances have arisen or circumstances have changed since the occasion when I refused bail, or that he failed to adequately present his case in his first application for bail.

   [1] Pitt v The State of Western Australia [2020] WASCA 54.

3. Any change of circumstances must be a material change.[2] Neither the affidavit sworn by the appellant in support of his second application for bail pending appeal, nor anything that the appellant has said in his oral submissions, satisfy me of the requirements in s 14(2a) of the Bail Act.  Therefore, I do not have jurisdiction to grant the appellant bail, and accordingly, the application is dismissed.

   [2] Stephens v The Queen [2004] WASCA 22 [10].

4. The order that I make is as follows:

   (1)The appellant's application filed 28 April 2020 for bail pending appeal is dismissed.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

LT
Associate to the Honourable Justice Mazza

16 JUNE 2020