R v Po'oi (No 5) - [2023] ACTSC 413

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Po’oi (No 5)
Citation:	[2023] ACTSC 413
Hearing Date:	22 August 2023
Decision Date:	22 August 2023
Before:	Refshauge AJ
Decision:	Daniel Ronald Po’oi be granted bail to appear on 11 September 2023 at 10:00am on the following conditions: (1) That he reside at [redacted] during the bail period. (2) That he be at his place of residence between the hours of 8.00 pm each day and 9.00 am the next day and present himself to the front door of the residence if requested to do so by a member of the Australian Federal Police during those hours. (3) That, until he enters the Canberra Recovery Service residential drug rehabilitation facility, he not leave his place of residence except in the company of his mother, Ms Ann Po'oi, and remain in her company until he returns to his place of residence. (4) That he accept the supervision of the Commissioner of ACT Corrective Services or his delegate, referred to in these conditions as 'the person supervising him', and obey all reasonable directions of the person supervising him. (5) That he not consume alcohol, cannabis, illegal drugs or any prescription drugs not prescribed for him. (6) That he submit to urinalysis, drug testing and breath analysis if directed by the person supervising him and not return a positive result on any of the testing. (7) That he report to Belconnen Police Station each day between the hours of 9.00 am and 7.00 pm. (8) That he contact Canberra Recovery Service within two business days after release on bail and make arrangements as soon as reasonably practicable to be assessed for admission to its residential drug rehabilitation program and admit himself to any day program, including at the Canberra Recovery Hub, in the meantime, if offered to him, pending his admission to enter the residential drug rehabilitation program. (9) That he admit himself to the Canberra Recovery Service residential drug rehabilitation facility as soon as a place is available and advise the person supervising him of the date of his admission to the program within one business day of him being advised of this. (10) That he advise the staff of Canberra Recovery Services when he commences counselling at the day program and at the residential drug rehabilitation program that he consents to them providing to the person supervising him, on request by that person, any information about the counselling provided to him or his progress in and performance at any programs in which he is engaged with them. (11) That he continue to engage in counselling with Karralika Programs Incorporated as long as it is available to him. (12) That he advise the staff of Karralika Programs Incorporated that he consents to them providing to the person supervising him, on request by that person, any information about his engagement with counselling with Karralika and Solaris Outreach Case Management. (13) That he not drive a motor vehicle, be in the driver's…

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.

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Details

Case: [2023] ACTSC 413
Decision Date: 22 August 2023

CaseChat Overview and Summary

In the matter of R v Po'oi (No 5), the Australian court considered an application for bail made by Daniel Ronald Po'oi, who was awaiting sentencing following a conviction for an offence. The application was brought before the court due to the delay in sentencing, which had caused past issues with compliance with a Drug and Alcohol Treatment Order to resurface. The applicant had completed rehabilitation programs while in custody, and the court had to weigh this against his history of non-compliance and the opportunity for him to demonstrate a transition into the community. The court's decision involved balancing the applicant's right to liberty with the need to protect the community.

The legal issues before the court centred on the applicant's suitability for bail, considering his history of non-compliance with a Drug and Alcohol Treatment Order, the completion of rehabilitation programs in custody, and the potential for him to demonstrate a successful transition into the community. The court had to determine whether the applicant could be trusted to abide by bail conditions and whether the granting of bail would pose an unacceptable risk to the community.

The court granted the applicant bail, noting that he had completed rehabilitation programs while in custody and had an opportunity to demonstrate his transition into the community. The court imposed strict conditions on the bail, including residence restrictions, curfew hours, mandatory supervision, substance restrictions, mandatory drug and alcohol testing, regular reporting requirements, mandatory enrolment in a rehabilitation program, and prohibitions on driving and possession of vehicle keys. The court also required the applicant to maintain contact with his mother when not in the presence of supervising officers or counsellors. The court found that the strict conditions would sufficiently mitigate the risk posed by the applicant's past non-compliance and history with drug and alcohol treatment.

The final orders of the court included the granting of bail to Daniel Ronald Po'oi on the conditions specified in the judgement. These conditions were designed to ensure that the applicant complied with the terms of his bail and did not pose a risk to the community. The applicant was required to reside at a specified address, adhere to a strict curfew, be supervised by the Commissioner of ACT Corrective Services, refrain from substance use, submit to drug and alcohol testing, report to police, enrol in a rehabilitation program, and refrain from driving. The court considered these conditions necessary to balance the applicant's right to liberty with the need to protect the community.

Orders

Orders of the court

Daniel Ronald Po’oi be granted bail to appear on 11 September 2023 at 10:00am on the following conditions:

(1) That he reside at [redacted] during the bail period.

(2) That he be at his place of residence between the hours of 8.00 pm each day and 9.00 am the next day and present himself to the front door of the residence if requested to do so by a member of the Australian Federal Police during those hours.

(3) That, until he enters the Canberra Recovery Service residential drug rehabilitation facility, he not leave his place of residence except in the company of his mother, Ms Ann Po'oi, and remain in her company until he returns to his place of residence.

(4) That he accept the supervision of the Commissioner of ACT Corrective Services or his delegate, referred to in these conditions as 'the person supervising him', and obey all reasonable directions of the person supervising him.

(5) That he not consume alcohol, cannabis, illegal drugs or any prescription drugs not prescribed for him.

(6) That he submit to urinalysis, drug testing and breath analysis if directed by the person supervising him and not return a positive result on any of the testing.

(7) That he report to Belconnen Police Station each day between the hours of 9.00 am and 7.00 pm.

(8) That he contact Canberra Recovery Service within two business days after release on bail and make arrangements as soon as reasonably practicable to be assessed for admission to its residential drug rehabilitation program and admit himself to any day program, including at the Canberra Recovery Hub, in the meantime, if offered to him, pending his admission to enter the residential drug rehabilitation program.

(9) That he admit himself to the Canberra Recovery Service residential drug rehabilitation facility as soon as a place is available and advise the person supervising him of the date of his admission to the program within one business day of him being advised of this.

(10) That he advise the staff of Canberra Recovery Services when he commences counselling at the day program and at the residential drug rehabilitation program that he consents to them providing to the person supervising him, on request by that person, any information about the counselling provided to him or his progress in and performance at any programs in which he is engaged with them.

(11) That he continue to engage in counselling with Karralika Programs Incorporated as long as it is available to him.

(12) That he advise the staff of Karralika Programs Incorporated that he consents to them providing to the person supervising him, on request by that person, any information about his engagement with counselling with Karralika and Solaris Outreach Case Management.

(13) That he not drive a motor vehicle, be in the driver's seat of a motor vehicle or have in his possession the keys to a motor vehicle.

(14) Despite condition 3, he not be required to be in the presence of his mother when he is:

(a) in the presence of the person supervising him; or

(b) in the presence of any counsellor of Canberra Recovery Services or Karralika Programs Incorporated, but must be in her presence when travelling to and from such appointments.

(15) That he attend Court when directed by the Court from time to time.

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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