R v Williams - [2015] ACTSC 15

HUMAN RIGHTS ACT

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Derek Joseph Williams
Citation:	[2015] ACTSC 15
Hearing Date(s):	28 January 2015
DecisionDate:	28 January 2015
Before:	Refshauge ACJ
Decision:	Derek Joseph Williams be granted bail on 29 January 2015 at 9:00 am to appear at this Court when and as notified that he is required by the Registrar on the following conditions: (a) That he be released into the company of Lee Stewart; (b) That he remain in the company of Lee Stewart until he boards the Southern Xplorer train on 29 January 2015; (c) That he travel, on 29 January 2015, directly to Oolong House, Nowra, New South Wales, by the means arranged by Prisoner Aid, and admit himself to the program of that facility. (d) That he remain in Oolong House, except for occasions when he is required to appear in Court, until he has completed the program; (e) That if he is not admitted to Oolong House program, or is discharged from it, or completes the program, he present himself, in person, to the Registrar of the ACT Supreme Court within two business days, for the purposes of reviewing his bail; (f) That he obey all reasonable directions of the officer in charge of the Oolong House program; (g) That he report to Nowra Police Station every Monday and Friday between the hours of 8:00 am and 8:00 pm; (h) Derek Joseph Williams is not to contact directly or indirectly, save through his lawyer, Paul Kelly, Kevin Quilty, Melissa Hando or Gavin Brewer; (i) That he appear in the District Court at Queanbeyan, New South Wales when he is required to be present to answer the charges preferred against him in that Court; (j) That, subject to any other court order, he not be required to appear in this Court for any directions hearing or callover if he is represented by a lawyer; (k) That he not consume illicit drugs or alcohol; and (l) That he not operate a motor vehicle, be in the possession of the keys of a motor vehicle or be in the driver’s seat of a motor vehicle.
Category:	Principal Judgment
Catchwords:	CRIMINAL LAW – JURSIDICTION, PRACTICE AND PROCEDURE – Bail – Applicant seeking rehabilitation – Applicant facing charges in another jurisdiction CRIMINAL LAW – JURSIDICTION, PRACTICE AND PROCEDURE – Bail – Procedure – Evidence in Bail Application – Evidence given from Bar Table
Legislation Cited:	Drugs Misuse and Trafficking Act 1985 (NSW), s 25(1) Human Rights Act2004 (ACT) Magistrates Court Act 1930 (ACT), s 90B Criminal Code 2002 (ACT), ss 308, 312, 318(2) Court Procedures Rules 2006 (ACT), rr 4733, 4734
Cases Cited:	R v Olbrich (1998) 45 NSWLR 538 Re Application for Bail by Merritt (No 2) [2010] ACTSC7 Dunstan v Director of Public Prosecutions (1999) 92 FCR 168
Parties:	The Queen (Crown) Derek Joseph Williams (Defendant)
Representation:	Counsel Mr M Fernandez (Crown) Ms K Bolas (Defendant)
Solicitors ACT Director of Public Prosecutions (Crown)

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 [2015] ACTSC 15
Case: [2015] ACTSC 15
Decision Date: 28 January 2015

CaseChat Overview and Summary

The case of R v Williams involved the applicant, Derek Joseph Williams, who was seeking bail. The respondent was the Registrar of the ACT Supreme Court. Williams was facing charges in the District Court at Queanbeyan, New South Wales, and was currently in custody in the ACT awaiting those charges. The primary dispute was whether Williams was eligible for bail and, if so, under what conditions.

The legal issues before the court were whether Williams, who was awaiting trial in another jurisdiction, was eligible for bail in the ACT and, if so, what bail conditions should be imposed. The court had to consider the nature and seriousness of the charges, Williams' criminal history, the risk of flight, and the suitability of any proposed bail conditions to ensure that Williams would not reoffend or interfere with the proceedings in New South Wales.

The court found that Williams was eligible for bail, considering his personal circumstances and the likelihood of his appearance in court if released. The court emphasised the importance of the evidence provided, including the applicant's acceptance of a rehabilitation program at Oolong House. The court set out detailed bail conditions to ensure that Williams would comply with the terms and conditions of his bail, including regular reporting to police, restrictions on contact with certain individuals, and a ban on alcohol and drug consumption. The court also considered the need for Williams to be released into the company of a suitable person, Lee Stewart, to ensure his safe travel and entry into the rehabilitation program.

The final orders of the court granted Williams bail on specific conditions, including reporting to Nowra Police Station, residing at Oolong House, and refraining from drug and alcohol use. Williams was to be released into the care of Lee Stewart and comply with all other outlined conditions until his appearance in the New South Wales court.

Orders

Orders of the court

Derek Joseph Williams be granted bail on 29 January 2015 at 9:00 am to appear at this Court when and as notified that he is required by the Registrar on the following conditions:

(a) That he be released into the company of Lee Stewart;

(b) That he remain in the company of Lee Stewart until he boards the Southern Xplorer train on 29 January 2015;

(c) That he travel, on 29 January 2015, directly to Oolong House, Nowra, New South Wales, by the means arranged by Prisoner Aid, and admit himself to the program of that facility.

(d) That he remain in Oolong House, except for occasions when he is required to appear in Court, until he has completed the program;

(e) That if he is not admitted to Oolong House program, or is discharged from it, or completes the program, he present himself, in person, to the Registrar of the ACT Supreme Court within two business days, for the purposes of reviewing his bail;

(f) That he obey all reasonable directions of the officer in charge of the Oolong House program;

(g) That he report to Nowra Police Station every Monday and Friday between the hours of 8:00 am and 8:00 pm;

(h) Derek Joseph Williams is not to contact directly or indirectly, save through his lawyer, Paul Kelly, Kevin Quilty, Melissa Hando or Gavin Brewer;

(i) That he appear in the District Court at Queanbeyan, New South Wales when he is required to be present to answer the charges preferred against him in that Court;

(j) That, subject to any other court order, he not be required to appear in this Court for any directions hearing or callover if he is represented by a lawyer;

(k) That he not consume illicit drugs or alcohol; and

(l) That he not operate a motor vehicle, be in the possession of the keys of a motor vehicle or be in the driver’s seat of a motor vehicle.

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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