R v Chatfield No 2

[2017] ACTSC 397

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chatfield No 2

Citation:

[2017] ACTSC 397

Hearing Dates:

15, 19 December 2017

DecisionDate:

19 December 2017

Reasons Date:

31 January 2018

Before:

Penfold J

Decision:

Bail is refused.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – jurisdiction – death of applicant’s sister found to be change in circumstances relevant to granting of bail – applicant’s obligations in relation to funeral and care of sister’s children – criteria for granting bail – real risk that applicant would not answer bail – history of evading arrest – recent failure to comply with intensive correction order – risk of offending while on bail raised by conceded offending during current custodial period – decision to refuse bail reached without reliance on unsubstantiated police suspicions.

Legislation Cited:

Bail Act 1992 (ACT), ss 9A(2), 20C, 22, 22(1)(a), 22(1)(b)

Firearms Act 1996 (ACT)

Parties:

The Queen (Crown)

Wayne Chatfield (Accused)

Representation:

Counsel

Ms K McCann (Crown)

Mr J Purnell SC (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson (Accused)

File Numbers:

SCC 272 of 2017; SCC 275 of 2017

Introduction

Refusal of bail

1. On 19 December 2017 I refused to grant bail to Wayne Chatfield.  I gave brief oral reasons for that refusal, but said that I would publish more detailed reasons.  These are those reasons.

The offences

1. In August 2017, Mr Chatfield was charged with three offences, being:

(a)intentionally and unlawfully discharging loaded arms so as to cause another person reasonable apprehension for his safety;

(b)possession of a firearm whilst not authorised by a licence, permit or otherwise under the Firearms Act 1996 (ACT); and

(c)recklessly inflicting actual bodily harm on another person.

1. He has pleaded not guilty, and at this stage it appears likely that his trial will take place in June 2018. He applied for bail in the Magistrates Court and in this Court, but bail was refused on each occasion. Mr Chatfield has been in custody since 5 August 2017 when he was arrested in NSW, after which he was extradited to the ACT.

Previous bail application

1. On 26 October 2017, Mossop J declined to hear a bail application by Mr Chatfield on the grounds that he had no jurisdiction, because Mr Chatfield had shown no change in circumstances relevant to the granting of bail since the previous bail application, nor any relevant fresh evidence or information that was unavailable at the time of the previous bail application (as required by s 20C of the Bail Act 1992 (ACT)).

New bail application

1. On 12 December 2017, Mr Chatfield, apparently unrepresented, filed a further bail application, relying on the recent death of his sister and his obligation to organise and pay for her funeral, as the necessary change in circumstances. The application was listed for hearing on 15 December.

1. At the hearing on 15 December, counsel appeared to represent Mr Chatfield, being John Purnell SC, who had also appeared in the bail application before Mossop J.…