R v Dowling (No 1) - [2020] ACTSC 374

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Dowling (No 1)
Citation:	[2020] ACTSC 374
Hearing Dates:	19 August 2020; 17 September 2020
DecisionDate:	17 September 2020
Before:	Refshauge AJ
Decision:	1. Ms Dowling be granted bail from 10:00 am on 18 September 2020 to appear before the Court on 2 October 2020 and at such other times as the Court may direct from time to time. 2. Bail be subject to the following conditions, that: a. Ms Dowling travel directly from custody to Lesley's Place, conducted by Toora Women Incorporated. b. Ms Dowling admit herself to the residential rehabilitation program at Lesley's Place and not leave the program without the leave of the Court or in order to attend directly for urinalysis and return immediately thereafter. c. Ms Dowling comply with all the rules of the program and the directions of the officer in charge of the program. d. if Ms Dowling leaves the program without the leave of the Court or is discharged from it, she must report to ACT Corrective Services by 4:00 pm on the next business day with a view to have her bail reviewed. e. she accept supervision by the Director of ACT Corrective Services, or his delegate, and obey all reasonable directions of the person supervising her. f. she remain at Lesley's Place from 5:00 pm to 7:00 am and not leave the residence during those hours except in a medical emergency. g. Ms Dowling not consume alcohol or illicit drugs while on bail. h. Ms Dowling submit to urinalysis when directed by the person supervising her. 3. The sentencing hearing of the offences with which Ms Dowling has been charged will be listed for 2:30 pm on 2 October 2020. 4. The Crown are to file and serve its sentencing tender bundle by 1:00 pm on 25 September 2020. 5. The Crown are to file and serve any written submissions and comparable decisions on which it wishes to rely, on or before 1:00 pm on 30 September 2020. 6. Ms Dowling's counsel are to file and serve any documents which it is proposed to tender, on or before 10:00 am on 30 September 2020. 7. Ms Dowling's counsel are to file and serve any written submissions on which it proposes to rely, on before 1:00 pm on 1 October 2020.
Catchwords:	CRIMINAL LAW – Judgment – Application for Bail – allegation of serious offence – presence of exceptional circumstances – opportunity for residential rehabilitation – bail granted
Legislation Cited:	Bail Act 1992 (ACT) ss 9D, 9D(2) Crimes (Sentencing) Act 2005 (ACT) s 12A Criminal Code 2002 (ACT) ss 318(2), 326
Parties:	The Queen ( Crown) Akira Dowling ( Offender)
Representation:	Counsel K Reardon ( Crown) D Turner ( Offender)
Solicitors ACT Director of Public Prosecutions ( Crown) Aboriginal Legal Service (NSW/ACT) ( Offender)
File Numbers:	SCC 176 of 2020 SCC 177 of 2020

REFSHAUGE AJ:

Introduction

On 19 August 2020, I heard a bail application by Akira Dowling…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dowling (No 1)

Details

AGLC: R v Dowling (No 1) [2020] ACTSC 374
Case: [2020] ACTSC 374
Decision Date

CaseChat Overview and Summary

Akira Dowling applied for bail in the Supreme Court of the Australian Capital Territory. Dowling had been charged with numerous offences, including burglary, theft, driving offences, and attempting to escape lawful custody. The Crown opposed the bail application. Dowling had a long criminal history, which included many dishonesty and drug offences, as well as several breaches of bail conditions. Dowling had written a letter to the court expressing remorse for her actions, and outlining her plans for rehabilitation and reform. Dowling wished to be granted bail so that she could continue her rehabilitation at Lesley's Place, a drug and alcohol residential rehabilitation program for women. The court had concerns about Dowling's criminal history, but was prepared to grant bail if it was satisfied that there were exceptional circumstances. The court noted that Dowling had expressed some motivation for rehabilitation and reform. The court was also concerned that Dowling would be homeless if she was not granted bail, and that this would impede her rehabilitation. The court was satisfied that Dowling's circumstances were exceptional and granted her bail, subject to conditions. These included that Dowling reside at Lesley's Place and comply with its rules, and that she not consume alcohol or illicit drugs while on bail. The sentencing hearing was listed for 2 October 2020. The Crown was required to file and serve its sentencing bundle by 25 September 2020, and Dowling's counsel was required to file and serve any documents it proposed to tender by 30 September 2020.

Orders