SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Hancock (No 2) |
Citation: | [2022] ACTSC 193 |
Hearing Dates: | 22 July 2022; 25 July 2022 |
DecisionDate: | 25 July 2022 |
Before: | Refshauge AJ |
Decision: | 1. The application for bail is dismissed. 2. The listing on 29 July 2022 at 2:30pm be vacated. 3. The proceedings be listed on 5 August 2022 at 2:30pm for mention. 4. Daniel Thomas Hancock be remanded in custody until then. 5. Daniel Thomas Hancock be permitted to appear in Court by audio visual means at that time. 6. Daniel Thomas Hancock be marked as a Prisoner at Risk. |
Catchwords: | CRIMINAL LAW – BAIL – Application for Bail – Cancelled Drug and Alcohol Treatment Order – Surgery Recouperation – Risk of Harm in Custody – COVID-19 Risk – Bail Refused |
Legislation Cited: | Bail Act 1992 (ACT) pt 2, ss 5, 9A, 9E, 22 Corrections Management Act 2007 (ACT) ss 9, 53 Human Rights Act 2004 (ACT) s 18 |
Cases Cited: | Davidson v Director-General, Justice and Community Safety Directorate [2022] ACTSC 83 Re an application for bail by Merritt (No 2) [2010] ACTSC 7 |
Texts Cited: | Philip Moss AM et al, “So Much Sadness in Our Lives”: Independent Inquiry into the Treatment in Custody of Steven Freeman (Report, Canberra, ACT; 7 November 2016) |
Parties: | The Queen (Crown) Daniel Thomas Hancock (Offender) |
Representation: | Counsel S Whitfield (Crown) Self-represented (Offender) |
| Solicitors ACT DPP (Crown) Self-represented (Offender) | |
File Numbers: | SCC 5 of 2021 SCC 6 of 2021 |
REFSHAUGE AJ:
Introduction
Daniel Thomas Hancock has applied for bail to let him, before he is sentenced, to recuperate from an operation at his mother’s place in the community.
Bail has been available at common law since early times (see In the matter of an application for bail by Pikula [2015] ACTSC 3 at [5]-[6]), though it has, from time to time, been modified by statute. Relevantly for the ACT, this is the Bail Act 1992 (ACT).
Though, of course, the statue must be followed on its terms, the purposes of bail within the Bail Act, especially as identified from s 22, have been described in In the matter of an application for bail by Islam [2010] ACTSC 147; 4 ACTLR 235 at 293;…
Continue reading R v Hancock (No 2)
Sign in free to access the full text
- AGLC
- R v Hancock (No 2) [2022] ACTSC 193
- Case
- [2022] ACTSC 193
- Decision Date
CaseChat Overview and Summary
The court needed to decide whether the applicant's circumstances warranted the granting of bail, considering the nature and seriousness of the charges, the risk of reoffending, and the potential harm to the community if bail were granted. The court also had to assess the risk of harm in custody, including the impact of COVID-19, and weigh this against the applicant's right to liberty. Additionally, the court had to consider the impact of the cancelled drug and alcohol treatment order on the applicant's risk profile.
The court found that the seriousness of the offences, including the applicant's criminal history, weighed heavily against the granting of bail. The court also considered the risk of reoffending, which was deemed high due to the applicant's history of non-compliance with court orders. The court found that the risk of harm in custody, including the potential exposure to COVID-19, did not sufficiently outweigh the need to protect the community. The court ultimately decided that the applicant's circumstances did not warrant the granting of bail. The application was dismissed, and the applicant was remanded in custody until the next court appearance.
The court made several orders, including vacating the previous listing and scheduling a new mention for 5 August 2022. The applicant was permitted to appear via audio-visual means at the new mention. Additionally, the applicant was marked as a prisoner at risk, indicating the need for heightened monitoring and support due to his circumstances. The court emphasised the importance of adhering to public health guidelines in the context of the ongoing COVID-19 pandemic.
Orders
Orders of the court
1. The application for bail is dismissed.
2. The listing on 29 July 2022 at 2:30pm be vacated.
3. The proceedings be listed on 5 August 2022 at 2:30pm for mention.
4. Daniel Thomas Hancock be remanded in custody until then.
5. Daniel Thomas Hancock be permitted to appear in Court by audio visual means at that time.
6. Daniel Thomas Hancock be marked as a Prisoner at Risk.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.