R v Cockburn

Case [2015] ACTSC 297


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
Human Rights Act 2004 (ACT), ss 18(1), 30
Magistrates Court Act 1930 (ACT), s 90B

Cases Cited:

Cooper v Corvisy [2010] ACTSC 165

In re: An Application for Bail by Nona [2014] ACTSC 111
In the matter of an application for Bail by Allen [2009] ACTSC 64
In the matter of an application for Bail by Dalton [2013] ACTSC 253
In the matter of an application for Bail by Marsh [2013] ACTSC 16
In the matter ofan application for Bail by Massey [2008] ACTSC 145
R v Campbell [2010] ACTCA 20
R v Elphick [2014] ACTSC 377
R v Kristiansen [2015] ACTSC 159

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:

  1. 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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AGLC
R v Cockburn [2015] ACTSC 297
Case
[2015] ACTSC 297
Decision Date

CaseChat Overview and Summary

The defendant, Joseph Cockburn, was the subject of a criminal case before the Supreme Court of the Australian Capital Territory. Cockburn faced charges that included robbery, common assault, and other related offences. The court was tasked with determining whether to grant Cockburn bail pending his trial. The prosecution argued against bail due to the severity of the charges and the defendant’s history of offending while on bail. Cockburn, through his legal representation, sought bail on the basis of his participation in a drug rehabilitation program and the prospects of his rehabilitation.

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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