R v Kristiansen

Case [2015] ACTSC 159


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Kristiansen

Citation:

[2015] ACTSC 159

Hearing Date(s):

12 June 2015

DecisionDate:

15 June 2015

Before:

Refshauge J

Decision:

1)    That Thor Kristiansen be released from the Alexander Maconochie Centre on 16 June 2015, not before 9 am, in to the company of an employee from the Karralika Therapeutic Community and proceed immediately and directly to the Karralika residential program located at 55 Keverstone Circuit, Isabella Plains;

2)    That, if Thor Kristiansen is not admitted to the Karralika program, if he is discharged from the Karralika program or if he leaves the program, self-discharge or otherwise, before its conclusion, he present himself within three hours of his departure from the program to the Registrar of the Supreme Court of the ACT between the hours of 8.30am and 4.15pm or, alternatively, the City police station between the hours of 4.15pm and 8.30am with a view to his bail being reviewed. 

3)    That Thor Kristiansen reside at the Karralika Therapeutic Community and remain there for the duration of the program and remains under the supervision of a Karralika staff member. 

4)    That Thor Kristiansen not contact, directly or indirectly, Anthony Hagen, Ryan Malec, Menka Krsteska, Adley Tsang, Adnan Hamdoun, Cherish Jennings, Khobi Garani, Bradley Potts or Louise Simpson.

5)    That Thor Kristiansen not assault, threaten, intimidate or harass Anthony Hagen, Ryan Malec, Menka Krsteska, Bianca Rasic, Adley Tsang, Adnan Hamdoun, Cherish Jennings, Khobi Garani, Bradley Potts or Louise Simpson. 

6)    That Thor Kristiansen not consume illicit substances or alcohol.

7)    That Thor Kristiansen submit to all drug screening and analysis, including the provision of his breath, blood, urine, saliva as directed by a staff member of the Karralika program. 

8)    That Thor Kristiansen not be in possession of a mobile phone

9)    That Thor Kristiansen not be in the driver's seat of a motor vehicle or in the possession of the keys to a motor vehicle.

10) That Thor Kristiansen be under the supervision of the Director‑General, or her delegate, and obey all reasonable directions of the person delegated to supervise him and that he consent to the staff of Karralika, providing to the person supervising him any information about his attendance and progress at the Karralika program.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Practice and Procedure – Bail – Applicant seeking rehabilitation – Extensive criminal history – Previous failure to honour bail undertaking

Legislation Cited:

Crimes Act 1900 (ACT), s 114B

Criminal Code 2002 (ACT), ss 48, 627, 652

Cases Cited:

Dunstan v Director of Public Prosecutions (1999) 92 FCR 168

R v Goodwin (2009) 233 FLR 473
R v Govinden (1999) 106 A Crim R 314
R v Kristiansen [2008] ACTSC 83
R v Laipato (No 2) [2014] ACTSC 363
R v Sladic [2014] ACTSC 56
Saga v Reid [2010] ACTSC 59

Parties:

The Queen (Crown)

Thor Kristiansen (Defendant)

Representation:

Counsel

Mr J Hiscox (Crown)

Mr D Perkins (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins…

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AGLC
R v Kristiansen [2015] ACTSC 159
Case
[2015] ACTSC 159
Decision Date

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, the case of R v Kristiansen was heard, involving Thor Kristiansen, who was applying for bail. Kristiansen had an extensive criminal history and had previously failed to honour bail undertakings. The court was tasked with deciding whether to grant bail to Kristiansen, considering his history and the specific conditions that could be imposed to ensure his compliance and rehabilitation. The court had to weigh Kristiansen's potential for rehabilitation against the risk he posed to the community, particularly to certain named individuals.

The legal issues before the court included the appropriate conditions to be imposed on Kristiansen's bail to ensure his compliance and the protection of the community. The court examined the nature and extent of Kristiansen's criminal history, his previous failures to comply with bail conditions, and the likelihood of his rehabilitation if granted bail under stringent conditions. The court also had to consider the impact of these conditions on Kristiansen's ability to participate in and benefit from a rehabilitation program.

The court decided to grant bail to Kristiansen, subject to strict conditions designed to ensure his compliance and rehabilitation. These conditions included strict supervision, specific restrictions on contact with certain individuals, and a requirement to participate in a therapeutic community program. The court concluded that, despite Kristiansen's extensive criminal history, it was in the interests of justice to grant him bail on the conditions imposed, as it would facilitate his rehabilitation and protect the community. The orders included Kristiansen's release to a therapeutic community, restrictions on his contact with specific individuals, and requirements for supervision and compliance with the program.

The final orders of the court included Kristiansen's release to the Karralika Therapeutic Community, with strict conditions on his residence, contact, and behaviour. These conditions were designed to ensure Kristiansen's compliance with the program and the safety of the community. The court also imposed restrictions on Kristiansen's possession of a mobile phone and driving a motor vehicle. The orders provided for the supervision of Kristiansen by the Director-General, or her delegate, and required Kristiansen to consent to the provision of information about his attendance and progress at the Karralika program to his supervisor.

Orders

Orders of the court

1) That Thor Kristiansen be released from the Alexander Maconochie Centre on 16 June 2015, not before 9 am, in to the company of an employee from the Karralika Therapeutic Community and proceed immediately and directly to the Karralika residential program located at 55 Keverstone Circuit, Isabella Plains;

2) That, if Thor Kristiansen is not admitted to the Karralika program, if he is discharged from the Karralika program or if he leaves the program, self-discharge or otherwise, before its conclusion, he present himself within three hours of his departure from the program to the Registrar of the Supreme Court of the ACT between the hours of 8.30am and 4.15pm or, alternatively, the City police station between the hours of 4.15pm and 8.30am with a view to his bail being reviewed.

3) That Thor Kristiansen reside at the Karralika Therapeutic Community and remain there for the duration of the program and remains under the supervision of a Karralika staff member.

4) That Thor Kristiansen not contact, directly or indirectly, Anthony Hagen, Ryan Malec, Menka Krsteska, Adley Tsang, Adnan Hamdoun, Cherish Jennings, Khobi Garani, Bradley Potts or Louise Simpson.

5) That Thor Kristiansen not assault, threaten, intimidate or harass Anthony Hagen, Ryan Malec, Menka Krsteska, Bianca Rasic, Adley Tsang, Adnan Hamdoun, Cherish Jennings, Khobi Garani, Bradley Potts or Louise Simpson.

6) That Thor Kristiansen not consume illicit substances or alcohol.

7) That Thor Kristiansen submit to all drug screening and analysis, including the provision of his breath, blood, urine, saliva as directed by a staff member of the Karralika program.

8) That Thor Kristiansen not be in possession of a mobile phone

9) That Thor Kristiansen not be in the driver's seat of a motor vehicle or in the possession of the keys to a motor vehicle.

10) That Thor Kristiansen be under the supervision of the Director‑General, or her delegate, and obey all reasonable directions of the person delegated to supervise him and that he consent to the staff of Karralika, providing to the person supervising him any information about his attendance and progress at the Karralika program.

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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