R v Stott (No 2)

[2020] ACTSC 62

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Stott (No 2)

Citation:

[2020] ACTSC 62

Hearing Date:

19 March 2020, 23 March 2020

DecisionDate:

23 March 2020

Before:

Elkaim J

Decision:

The application for bail is granted

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail Application – s 20C Bail Act 2002 (ACT) – change of circumstances – adherence to stringent conditions – outbreak of infectious disease

Legislation Cited:

Bail Act 1992 (ACT) s 20C

Parties:

Sharon Stott (Applicant)

The Queen (Respondent)

Representation:

Counsel

S Whybrow (Applicant)

A Williamson (Respondent)

Solicitors

Kamy Saeedi Law (Applicant)

ACT Director of Public Prosecutions (Respondent)

File Numbers:

SCC 90 of 2019

Publication restriction:

The publication of these reasons is restricted to those reasons set out from [1] – [14] inclusive. The whole of the reasons will be published after the trial of the applicant. 

ELKAIM J:

1. This is an application for bail made pursuant to s 20C of the Bail Act 1992 (ACT). In order to succeed the applicant must show that there has been a change of circumstances since her last application, which was made on 31 January 2020.

1. The change of circumstances asserted here is the impact of the coronavirus, in particular COVID-19.

1. The applicant says that the virus primarily impacts upon her in two ways: Firstly, whilst in prison, she is more susceptible to contracting the virus, and, secondly, the limited social activity which she is able to carry on in the prison has been curtailed.

1. As a secondary concern the applicant says that the interference to the court processes that have been, and no doubt will be, a result of the pandemic will cause her trial to be delayed so that she will remain in custody for a longer period before trial.

1. The latter point can be dealt with shortly: The applicant has elected for a judge alone trial which has been given a hearing date of 25 May 2020. Unlike jury trials, there is no reason yet, to anticipate that her trial will not proceed.

1. As a general statement, there can be no doubt that COVID-19 has brought about a massive change of circumstances to society and in particular the way society goes about its ordinary daily life.

1. The question here however is whether or not the change of circumstances personally impacts upon the applicant. This raises two questions:

(a)Is the applicant more likely to contract the virus in custody, than in the open community?

(b)What is the effect of the virus on the limited social activities available to the applicant whilst in custody?

1. The matter originally came before me last week when the Crown sought some time to investigate the likelihood of the virus being more easily contracted in the AMC. The Crown did not, today, provide any further information on this topic. However, the Crown pointed out that the onus in this application is on the applicant and it is for her to demonstrate a heightened susceptibility.

1. The applicant tendered two…