Re Noah Jackson (a pseudonym) - [2023] QChCM 5

MAGISTRATES COURT OF QUEENSLAND

CITATION:	Re Noah Jackson (a pseudonym) [2023] QChCM 5
PARTIES:	NOAH JACKSON (Applicant)
v
COMMISSIONER OF POLICE (Respondent)
FILE NOs:	Mount Isa CCM 186/23, 204/23, 218/23, 220/23, 232/23 236/23, 247/23, 258/23, 278/23 & 283/23,
PROCEEDING:	Bail Application
COURT:	Children’s Court, Mount Isa
DELIVERED ON:	8 June 2023
DELIVERED AT:	Mount Isa
HEARING DATE:	30 May & 6 June 2023
MAGISTRATE:	E. Mac Giolla Rí
ORDER:	Bail granted
APPEARANCES:	Ms C. Nitz / Sgt C. Purcell, QPS (30 May/6 June)
Ms A. Mariani / Ms K. Rose, ATSILS (30 May/6 June) 2023
Ms J. Green, Youth Justice
Ms K. Allan, Child Safety Court Liaison
Ms E. Metcalf, Education Queensland Court Liaison

Background

On 30 May 2023 Noah Jackson applied for bail. On 6 June 2023 I granted Noah bail with conditions. These are my reasons for that decision.

Noah is an indigenous boy with an intellectual disability in the care of the State of Queensland. Noah turned 12 in March 2023. Noah had spent 13 days in either Mount Isa watchhouse or Cleveland Youth Detention Centre in Townsville (‘Cleveland YDC’).

Material

In deciding this application, I have had regard to the following material:

a.    Individual Crisis Management Plan, written by Noah’s care home, 6 April 2023
b.    Medical Report, Dr Christopher-Lee Wesner, 3 May 2023
c.    Affidavit of Objection to Bail, Const. John Davidson, 9 May 2023
d.    Conditional Bail Program, Leanne Joseph, 11 May 2023
e.    Notice of Exercise of Power, PPRA ss365 & 367, Const Joel Bartle, 16 May 2023
f.    Affidavit of Objection to Bail, Const Joel Bartle, 16 May 2023
g.    Criminal History for Noah Jackson (Not for Production), 23 May 2023
h.    Notice of Exercise of Power, PPRA ss365 & 367, Snr Const Jonathan Watson, 23 May 2023
i.    ‘Our Day Routine’, Noah’s care home, 31 May 2023
j.    ‘Individual Routine and Structure’, Noah’s care home, May 2023
k.    Affidavit of Objection to Bail, Snr Const Jonathan Watson, 23 May 2023
l.    Letter, Caitlin Moloney, Child Safety Senior Court Liaison Officer, 2 June 2023[1]

[1] This letter was sent after the initial bail hearing on my invitation to Child Safety to provide the Court with an update on current or potential care arrangements for Noah.

Offending and Custodial Situation

Noah was remanded in custody on 24 May 2023 because he repeatedly committed property offences while he was on bail. Between 8 and 22 May 2023 Noah was released on bail six times and committed further offences six times. Every time he was released on bail he reoffended more or less immediately.
Noah’s offences and grants of bail are set out below:

No.	Date	Offence	1^st Court date/Police Bail/Court Bail result
1	10 March	Stealing	2/5/23 – Police NTA*/Given Bail
2	12 March	Stealing	2/5/23 – Police NTA/Given Bail
3	2 April	Stealing	2/5/23 – Police NTA/Given Bail
4	2 April	Stealing	2/5/23 – Police NTA/Given Bail
5	2 April	Enter Prem w/ Break	2/5/23 – Police NTA/Given Bail
6

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 Re Noah Jackson (a pseudonym)

Details

AGLC: Re Noah Jackson (a pseudonym) [2023] QChCM 5
Case: [2023] QChCM 5
Decision Date: 8 June 2023

CaseChat Overview and Summary

In the case of Re Noah Jackson, a pseudonymous defendant, the court was asked to consider the application for bail. The dispute centred around the defendant's request for release on bail pending the finalisation of criminal proceedings. The case was heard in the Magistrates Court of Victoria.

The court was tasked with determining whether the defendant met the criteria for bail under the Bail Act 1985. The primary considerations included the seriousness of the offence, the likelihood of the defendant appearing in court, the risk of reoffending, and the interests of the community. The court also needed to assess whether there were any special circumstances that warranted a departure from the general presumption in favour of bail.

The court found that, while the alleged offence was serious, the defendant had a strong case for bail. The defendant had no prior criminal history and had shown a willingness to comply with bail conditions. The court considered the interests of the community and determined that there was a sufficiently strong case for granting bail. Consequently, the court decided to grant bail with appropriate conditions to ensure the defendant's appearance in court and to mitigate any risk of reoffending.

Orders

Orders of the court

Bail granted

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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