R v Walmsley

In the case of R v Walmsley, the respondent, John Christopher Walmsley, sought bail in the Supreme Court of the Australian Capital Territory. The court had to determine whether it had the jurisdiction to grant bail before an indictment was filed, as well as the factors relevant to granting bail. The court found that it did have jurisdiction under the Bail Act 1992 (ACT) to grant bail in such circumstances. The decision also considered the factors relevant to granting bail, including the likelihood of the respondent appearing for trial, the risk of re-offending, and the respondent's ties to the Territory.

The court held that there was a presumption in favour of bail, unless certain provisions of the Bail Act applied. The court considered the respondent's ties to the Territory, and found that while he had no domestic ties, he had no particular ties elsewhere, which somewhat diluted the concern that a court might otherwise have. The court also considered the risk of re-offending, and found that the risk must amount to an evidence-based real likelihood. The court found that the respondent's medical conditions and treatment, including his severe depression, heroin withdrawal, and treatment for Hepatitis C, were relevant to the consideration of bail.

The court also considered the managed accommodation offered by the respondent, and found that it would address the issue of place of residence. The court found that the outstanding warrants in New South Wales were not relevant to the consideration of bail, as no extradition was to be sought. The court concluded that the respondent was likely to remain in the Territory if granted bail.

ORDERS:
1. John Christopher Walmsley be granted bail to appear in the Supreme Court on a date to be notified to him by the Registrar on the following conditions: (a) he reside at the address of the MA Program House at 195 Northbourne Avenue, Campbell, ACT 2600; (b) he not possess or use any intoxicating liquor or any drug, other than those prescribed by a medical practitioner; (c) he not use any mobile phone, whether owned by him or not, without the prior written consent of the Police Liaison Officer; (d) he not have any contact with the complainant in this matter or any other witnesses, either directly or indirectly, unless the contact is facilitated by legal representatives; (e) he not commit any offence; and (f) he attend and abide by the directions of the MA Program Officer.