R v Charles

Case [2016] ACTSC 177


HUMAN RIGHTS ACT 2004 (ACT)

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Charles

Citation:

[2016] ACTSC 177

Hearing Date:

6 February 2014

DecisionDate:

22 July 2016

Before:

Refshauge J

Decision:

1. It be declared that the Magistrates Court erred in finding on 14 November 2013 that Stanley Dwayne Charles, having been arrested under s 56A of the Bail Act 1992 (ACT), had to apply for bail.

2. It be declared that, on the proper construction of s 56A of the Bail Act 1992 (ACT), when Stanley Dwayne Charles appeared in the Magistrates Court on 14 November 2013, the Court had to determine whether he had breached any of his conditions of bail and, if so, whether to accede to any application by the prosecution to revoke his bail, make any other bail order or continue his bail.

Catchwords:

BAIL – JURISDICTION, PRACTICE AND PROCEDURE – s 56A of the Bail Act 1992 (ACT) – arrested – suspected breach of bail conditions – arrest does not automatically revoke bail – appearance in court after arrest for breach of bail does not automatically revoke bail – right to liberty – revocation of bail cannot be implied – appearance in court after arrest will justify application to revoke bail – application to revoke bail does not constitute application for bail – s 9D of the Bail Act 1992 (ACT) not applicable

Legislation Cited:

Bail Act 1992 (ACT), ss 5, 6, 6(3), 9D, 17, 19, 19(1)(b), 22, 23, 23A, 28, 33, 41, 42, 42A, 49, 49(1), 49(2), 56A, 56A(4)(a), 56A(4)(b), 57AA, Pt 4

Bail Act 2013 (NSW), ss 77, 78, 92
Bail Act 1985 (SA), s 18
Bail Act 1994 (Tas), s 26
Bail Act 1977 (Vic), s 24
Bail Act 1982 (WA), ss 54, 55
Child Protection (Offenders Registration) Act 2000 (NSW), s 3A
Crimes (Child Sex Offenders) Act 2005 (ACT), ss 8, 33, 54, 57
Crimes (Sentence Administration) Act 2005 (ACT), s 16
Crimes (Sentencing Procedure) Act 1999 (NSW), s 12
Evidence Act 2011 (ACT), s 4
Human Rights Act 2004 (ACT), ss 18, 30
Magistrates Court Act 1930 (ACT), ss 42, 64

Cases Cited:

Al-Kateb v Godwin (2004) 219 CLR 562
Beljajev v Director of Public Prosecutions (Vic) (Unreported, Supreme Court of Victoria, Appeal Division, Young CJ, Crockett and Ashley JJ, 1487
Blyth v Appeals Committee of Lancaster [1944] 1 All ER 587
Byrne v Mingay (2014) 242 A Crim R 9
Dainer v Foster;  Ex parte Tange (1984) 14 A Crim R 327
Dunstan v Director of Public Prosecutions (1999) 92 FCR 168
OH v Driessen [2015] ACTSC 148
R v Celeski [2016] ACTSC 140
R v Harborne (Unreported, New South Wales Court of Criminal Appeal, Grove and Newman JJ, 60229/94, 12 October 1994)
R v Light [1954] VLR 152
R v McGrail [2016] ACTSC 142
R v Peehi (1997) 41 NSWLR 476
R v Pett (1957) 75 WN (NSW) 434
R v Spilsbury [1898] 2 QB 615
R v Welch (2009) 166 ACTR 32

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AGLC
R v Charles [2016] ACTSC 177
Case
[2016] ACTSC 177
Decision Date

CaseChat Overview and Summary

The case of R v Charles involved Stanley Dwayne Charles, who was arrested and subsequently appeared in the Magistrates Court on charges related to a suspected breach of his bail conditions. The central legal issue revolved around the interpretation of section 56A of the Bail Act 1992 (ACT), which governs the circumstances under which an arrested person must apply for bail. The case specifically examined whether the arrest of an individual who is already on bail automatically revokes their bail or necessitates an application for bail.

The court had to determine whether the arrest of Charles under section 56A automatically revoked his bail and if his appearance in court following the arrest necessitated him to apply for bail. The court found that neither the arrest nor the appearance in court automatically revoked the bail or required an application for bail. Rather, the court's role upon the appearance of an arrested person on bail is to assess whether there has been a breach of bail conditions and to decide on the appropriate course of action, which may include revoking bail, making alternative bail orders, or continuing the existing bail.

In its reasoning, the court concluded that the Magistrates Court had erred in its interpretation of section 56A. The court held that the arrest of an individual on bail does not automatically revoke their bail, nor does their subsequent court appearance require them to apply for bail. Instead, the court must evaluate whether there has been a breach of bail conditions and decide whether to revoke the bail, issue new bail conditions, or maintain the existing bail. Consequently, the court ordered that it be declared that the Magistrates Court's finding on 14 November 2013 was incorrect, and clarified the obligations of the court upon the appearance of an arrested person on bail.

Orders

Orders of the court

1. It be declared that the Magistrates Court erred in finding on 14 November 2013 that Stanley Dwayne Charles, having been arrested under s 56A of the Bail Act 1992 (ACT), had to apply for bail.

2. It be declared that, on the proper construction of s 56A of the Bail Act 1992 (ACT), when Stanley Dwayne Charles appeared in the Magistrates Court on 14 November 2013, the Court had to determine whether he had breached any of his conditions of bail and, if so, whether to accede to any application by the prosecution to revoke his bail, make any other bail order or continue his 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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