R v Brown

[2023] ACTSC 178

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Brown

Citation: 

[2023] ACTSC 178

Hearing Date: 

14 July 2023

Decision Date: 

14 July 2023

Before:

McCallum CJ

Decision: 

Grant bail on the following conditions:

(a)  To reside at [REDACTED].

(b)  That she be present at this place of residence each night from 8pm to 6am and present herself to the door of that residence during the curfew period if required by ACT Police.

(c)  That she be subject to supervision by ACT Corrective Services.

(d)  Not to consume alcohol or illegal drugs, including cannabis, or other drugs illegally obtained.

(e)  That she will submit to breath testing as required by the ACT Police.

(f)  That she will submit to urinalysis as required by ACT Corrective Services.

(g)  That she engage with Yeddung Mura and other support services as appropriate.

(h)  That she will attend the Toora Women Day Program and comply with all program rules.

(i)   If exited from the above program, that she will present to the Court within 48 hours for a bail review.

(j)   To report to City Police Station each Monday between the hours of 8am-8pm.

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – where applicant to be dealt with for breach of a good behaviour order – entitlement to bail – where applicant has extensive support available upon exiting custody

Legislation Cited: 

Bail Act 1992 (ACT) s 20B

Parties: 

The Queen ( Crown)

Keira Brown ( Offender)

Representation: 

Counsel

C Daly ( Crown)

E Wallis ( Offender)

Solicitors

The Queen ( Crown)

Legal Aid ACT ( Offender)

File Numbers:

SCC 301 of 2019

SCC 9 of 2020

McCALLUM CJ:       

1․Before the Court is an application for bail by Keira Brown. 

2․Ms Brown seeks bail in relation to proceedings before the Supreme Court for breach of a good behaviour order.  The offences which constituted the breach have been dealt with in the Magistrates Court.

3․The Court has power to make a bail order in relation to the breach proceeding because it is “a proceeding for an offence” within the meaning of s 20B(a) of the Bail Act 1992 (ACT). Although breach of a good behaviour order may not be within the ordinary understanding the term “offence”, the dictionary to the Bail Act provides that the term “offence” includes a breach of an obligation mentioned in s 8A which in turn includes mention of the breach of a good behaviour order.  Section 8A provides that person arrested in relation to such a breach has the same entitlement to bail in relation to the breach as the person has under the Act in relation to the offence to which the obligation relates.

4․The application is strong and in my assessment should be granted. 

5․It may be accepted that the applicant has had a difficult history of encounters with the criminal justice system.  The affidavit relied upon in support of the application, affirmed by Ms Wallis on 12 July 2023, explains the history in some detail and I have had regard to that material. 

6․In short, however, most recently having had an intensive correction order cancelled by the Sentence Administration Board, the applicant has had that order reinstated by the Sentence Administration Board on 11 July 2023.

7․She has strong support from her mother who has, in a letter to the Court, explained some of the difficulties of her background.  She has also engaged with support organisations of good standing in this jurisdiction being Toora Women Inc., Yeddung Mura and Prisoners Aid.  Toora Women and Prisoners Aid have each written a letter to the Court explaining the support that can be made available to the applicant upon her release.

8․It is plainly a circumstance where a woman of the age of the applicant, with the wrap-around services available to her as described in that correspondence, is better off in the community being supported in her exit from custody than remaining in custody until being dealt with for the breach. 

9․The conditions proposed and agreed to by the Crown are sensible and, in my assessment, will adequately address any risk of her offending upon being released.

10․Accordingly, I grant bail on the conditions handed up by the prosecutor with the change that, instead of requiring reporting daily, I will require reporting only each Monday.  That is because, in my assessment, with all of the other matters the applicant will have to focus on upon her release, including drug and alcohol rehabilitation in a day program, daily reporting may be inimical to her rehabilitation rather than supporting it.  It is sensible to have reporting one day a week, however, so that police are aware of her maintaining adherence to her bail conditions. 

11․In all the circumstances, I am satisfied that it is appropriate to grant bail on the following conditions:

(a)To reside at [REDACTED].

(b)That she be present at this place of residence each night from 8pm to 6am and present herself to the door of that residence during the curfew period if required by ACT Police.

(c)That she be subject to supervision by ACT Corrective Services.

(d)Not to consume alcohol or illegal drugs, including cannabis, or other drugs illegally obtained.

(e)That she will submit to breath testing as required by the ACT Police.

(f)That she will submit to urinalysis as required by ACT Corrective Services.

(g)That she engage with Yeddung Mura and other support services as appropriate.

(h)That she will attend the Toora Women Day Program and comply with all program rules.

(i)If exited from the above program, that she will present to the Court within 48 hours for a bail review.

(j)To report to City Police Station each Monday between the hours of 8am-8pm.

I certify that the preceding eleven [11] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum

Associate:

Date: 9 August 2023