HUMAN RIGHTS ACT
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Celeski |
Citation: | [2016] ACTSC 140 |
Hearing Date: | 17 June 2016 |
DecisionDate: | 17 June 2016 |
Reasons Date: Before: | 30 June 2016 Refshauge J |
Decision: | 1. David Celeski is granted bail subject to the following conditions: (a) a person gives acceptable security for payment to the Territory of $10,000 if David Celeski fails to appear in court in accordance with his undertaking; (b) that he accept supervision by the Director-General or her delegate and obey all reasonable directions of the person supervising him, including as to urinalysis; (c) that he accept monitoring by the Court Alcohol and Drug Assessment Service (CADAS); (d) that he attend the SMART Recovery program twice a week and consent to the Officer-In-Charge of the program providing to the person supervising him and to CADAS any information reasonably required in relation to attendance and engagement in the program; (e) that he submit to urinalysis as and when directed; (f) that he report to the Officer-in-Charge of Queanbeyan Police Station every Monday, Wednesday and Friday between 8:00am and 8:00pm; 2. That Monica Celeski is a suitable person for the purposes of condition (a) of the bail. |
Catchwords | CRIMINAL LAW– JURISDICTION, PRACTICE AND PROCEDURE – BAIL – Accused’s circumstances –change in circumstances – special or exceptional circumstances – illness of family member – carer – drug use – rehabilitation |
Legislation Cited: | Bail Act 1992 (ACT), ss 9A, 9B, 9C, 9D, 20B, 20C, 20C(2), 22, 23, Criminal Procedure Act 1986 (NSW), s 47 Criminal Code 2002 (ACT), ss 44, 308, 311, 318, 403 |
Cases Cited: | Application for bail by Celeski [2016] ACTSC 101 |
Parties: | The Queen (Crown) David Celeski (Defendant) |
Representation: | Counsel Ms S Gul (Crown) Mr P Bevan (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Bevan & Co (Defendant) | |
File Numbers: | SCC 78 of 2016 SCC 79 of 2016 SCC 80 of 2016 SCC 81 of… |
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- AGLC
- R v Celeski [2016] ACTSC 140
- Case
- [2016] ACTSC 140
- Decision Date
CaseChat Overview and Summary
The court considered the various factors presented, including Celeski's responsibility as a caregiver for his terminally ill sister, his history of drug use, and his commitment to rehabilitation through participation in the SMART Recovery program. The court also took into account the impact of Celeski's potential incarceration on his family, particularly his sister. In reaching its decision, the court balanced these considerations with the need to protect the community and ensure that Celeski would not reoffend or fail to appear in court. Ultimately, the court determined that the circumstances warranted the granting of bail, subject to specific conditions designed to mitigate the risk posed by Celeski.
The court granted Celeski bail, subject to several conditions intended to ensure his compliance with the court's requirements and to protect the community. These conditions included providing security for his appearance in court, accepting supervision and monitoring, participating in a drug rehabilitation program, submitting to urinalysis, and reporting to the police on specific days. The court also approved a family member as an acceptable surety for the bail bond. This decision recognised the importance of balancing the accused's personal circumstances with the need for public safety and judicial process.
Orders
Orders of the court
1. David Celeski is granted bail subject to the following conditions:
(a) a person gives acceptable security for payment to the Territory of $10,000 if David Celeski fails to appear in court in accordance with his undertaking;
(b) that he accept supervision by the Director-General or her delegate and obey all reasonable directions of the person supervising him, including as to urinalysis;
(c) that he accept monitoring by the Court Alcohol and Drug Assessment Service (CADAS);
(d) that he attend the SMART Recovery program twice a week and consent to the Officer-In-Charge of the program providing to the person supervising him and to CADAS any information reasonably required in relation to attendance and engagement in the program;
(e) that he submit to urinalysis as and when directed;
(f) that he report to the Officer-in-Charge of Queanbeyan Police Station every Monday, Wednesday and Friday between 8:00am and 8:00pm;
2. That Monica Celeski is a suitable person for the purposes of condition (a) of the bail.
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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