HUMAN RIGHTS ACT
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v Joseph Cockburn |
Citation: | [2015] ACTSC 297 |
Hearing Date(s): | 10 September 2015 |
DecisionDate: | 14 September 2015 |
Before: | Refshauge J |
Decision: | Joseph Cockburn be granted bail to appear in court on 14 October 2015 on the following conditions: (1) that he be released no earlier than 9.30 am on 15 September 2015 into the company of an employee of Karralika Therapeutic Community; (2) that he admit himself to the Karralika drug rehabilitation program and remain in that program until he attends court; (3) that he obey all reasonable directions of the officer in charge of the Karralika program; (4) that, if he is not admitted, is discharged from or leaves the program before 14 October 2015, he is to report of the Registrar of the Supreme Court within one working day with a view to having his bail reviewed; (5) that he not consume or be in possession of alcohol or illicit drugs. |
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure –bail – robbery – common assault – dishonestly drive someone else’s motor vehicle without consent – dishonestly ride in someone else's motor vehicle without consent – intentionally cause damage to property – dishonestly appropriate property – making a demand with menaces – further offending whilst on bail – s 9D of the Bail Act 1992 (ACT) – bail attaches to a particular offence – offender seeking rehabilitation – special and exceptional circumstances |
Legislation Cited: | Bail Act 1992 (ACT), ss 6(1)(a), 9A(1), 9B, 9C, 9D, 22 Crimes (Sentencing) Act 2005 (ACT), s. 57(3), Pt 4.4 |
Cases Cited: | Cooper v Corvisy [2010] ACTSC 165 In re: An Application for Bail by Nona [2014] ACTSC 111 |
Parties: | The Queen (Crown) Joseph Cockburn (Defendant) |
Representation: | Counsel Ms E Beljic (Crown) Mr P Bevan (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) J Bevan & Co Lawyers & Conveyancers (Defendant) | |
File Number(s): | SCC 212 of 2014 SCC 213 of 2014 |
REFSHAUGE J:
On 13 May 2014, the accused, Joseph Cockburn, was arrested and charged with robbery arising out of dealings he had with the complainant on 12 April 2014 and then bailed to appear in the Magistrates Court on 28 May 2014. He appeared in the Magistrates Court on 28 May 2014 to answer the charge of robbery and was also charged with common assault on the complainant. He was again granted bail. The matters were adjourned on a number of occasions and, on 3…
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- R v Cockburn [2015] ACTSC 297
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- [2015] ACTSC 297
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CaseChat Overview and Summary
The legal issues before the court involved the interpretation and application of section 9D of the Bail Act 1992 (ACT), which addresses bail conditions that attach to a particular offence. The court had to consider whether Cockburn's participation in a drug rehabilitation program constituted special and exceptional circumstances warranting bail. Additionally, the court needed to weigh the risk of further offending against the potential benefits of allowing Cockburn to enter a rehabilitation program. The prosecution's argument focused on the likelihood of further offending and the potential risk to the community, while the defence emphasised the defendant's prospects for rehabilitation and the low risk of reoffending if granted bail under the proposed conditions.
The court determined that, while the charges against Cockburn were serious and there was a risk of further offending, the evidence presented regarding his participation in the Karralika drug rehabilitation program and his prospects for rehabilitation were compelling. The court found that the special and exceptional circumstances test was met, as Cockburn’s rehabilitation efforts and the structured environment of the program significantly reduced the risk of further offending. The proposed bail conditions, which included strict supervision and monitoring by the Karralika program, were deemed sufficient to mitigate the risk to the community. Accordingly, the court granted Cockburn bail on the specified conditions, including mandatory participation in the rehabilitation program and strict supervision by the program staff.
The final orders of the court were that Joseph Cockburn be granted bail to appear in court on 14 October 2015, subject to specific conditions designed to ensure his participation in the drug rehabilitation program and to minimise the risk of further offending. These conditions included release into the custody of a Karralika Therapeutic Community employee, participation in the rehabilitation program, compliance with program directives, and abstinence from alcohol and illicit drugs. If Cockburn failed to comply with the bail conditions, he was to report to the Registrar of the Supreme Court within one working day for a review of his bail.
Orders
Orders of the court
Joseph Cockburn be granted bail to appear in court on 14 October 2015 on the following conditions:
(1) that he be released no earlier than 9.30 am on 15 September 2015 into the company of an employee of Karralika Therapeutic Community;
(2) that he admit himself to the Karralika drug rehabilitation program and remain in that program until he attends court;
(3) that he obey all reasonable directions of the officer in charge of the Karralika program;
(4) that, if he is not admitted, is discharged from or leaves the program before 14 October 2015, he is to report of the Registrar of the Supreme Court within one working day with a view to having his bail reviewed;
(5) that he not consume or be in possession of alcohol or illicit drugs.
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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