R v Williams - [2021] ACTSC 35

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Williams
Citation:	[2021] ACTSC 35
Hearing Date:	10 March 2021
Decision Date:	11 March 2021
Before:	Elkaim J
Decision:	The application for bail is refused
Catchwords:	CRIMINAL LAW – BAIL APPLICATION – Change of Circumstances – Medical condition – incident involving use of force – warrant for apprehension of applicant – application
refused
Legislation Cited:	Bail Act 1992 (ACT) ss 9D, 20C and 22 Corrections Management Act 2007 (ACT) s 53
Human Rights Act 2004 (ACT) s 10
Cases Cited:	Achanfuo-Yeboah v The Queen [2016] ACTCA 71 R v Al-Harazi (No 4) [2016] ACTSC 298
Parties:	The Queen (Crown) Julieann Frances Williams (Accused)
Representation:	Counsel
V Conliffe (Crown) P Tierney (Accused)
Solicitors
ACT Director of Public Prosecutions (Crown) Ken Cush and Associates (Accused)
File Number:	SCC 279 of 2020
ELKAIM J:

1.       On 4 March 2021 Ms Julieann Williams filed an application for bail. It came on for hearing yesterday. The application was opposed.
2.       The application was supported by an affidavit of Mr Barrow affirmed on 3 March 2021. In addition a number of other documents were tendered and can be found in Exhibit A.
3.       The Crown tendered a bundle which came to be Exhibit 1.
4.       Both parties asked me to view CCTV footage said to support their respective positions.
5.       The relevant sections of the Bail Act 1992 (ACT) are ss 9D, 20C and 22. Section 9D was activated because the offences were alleged to have been committed while the applicant was subject to a pending charge for another serious offence. The offences in respect of which the applicant is seeking bail are aggravated burglary and assault occasioning actual bodily harm.
6. Section 20C is relevant because this is the fifth application for bail, the previous four having been made in the Magistrates Court. One of those applications, made on 3 November 2020, is of little relevance because it was for a limited period to enable the applicant to attend a funeral. All of the previous applications were refused.
7. Section 22 contains the general criteria for granting bail to adults.
8. Section 9D says bail must not be granted unless there are special or exceptional circumstances that favour the granting of bail. Section 20C says the application can only be considered if there has been a change of circumstances relevant to the granting of bail since the last application.
9.       Both the special circumstances and the change of circumstances are said to arise from an incident that occurred while the applicant was in custody at the Alexander Maconochie Centre (AMC) on 11 January 2021. This incident was the subject of the CCTV footage I was shown by the applicant.
10.     The footage speaks for itself, but in short, it depicts the applicant being manhandled by four corrections officers in order to subject the applicant to a strip search which she had refused to take part voluntarily. The officers had apparently been informed that the…

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.

Continue reading R v Williams

Details

AGLC: R v Williams [2016] ACTSC 298
Case: [2021] ACTSC 35
Decision Date: 11 March 2021

CaseChat Overview and Summary

The court heard an application for bail in the matter of R v Williams, where the applicant, Williams, was facing charges related to the use of force during an incident. Williams sought bail on the basis of a change in circumstances, specifically the deterioration of his medical condition. A warrant had been issued for Williams’ apprehension. The court was required to determine whether there had been a significant change in circumstances warranting a reconsideration of the bail decision.

The court considered the legal principles surrounding bail applications, particularly focusing on the requirement for a significant change in circumstances to warrant reconsideration. The court assessed Williams’ medical condition and the implications of his deteriorating health on his ability to comply with bail conditions. Additionally, the court weighed the risk posed by Williams to the community and the seriousness of the charges against him. The court concluded that the medical condition, while serious, did not constitute a significant change in circumstances sufficient to warrant bail. The potential risk to the community and the gravity of the charges were also significant factors in the court's decision.

After careful consideration of the evidence and arguments presented, the court found that the change in Williams’ medical condition, although serious, did not outweigh the other factors in favour of granting bail. The court also took into account the warrant for Williams’ apprehension, which indicated a serious breach of bail conditions if released. Consequently, the court refused the application for bail, maintaining the existing conditions or ordering Williams’ continued detention.

Orders

Orders of the court

The application for bail is refused

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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