Re Pinkstone's applications

This matter concerned applications by Mr Anthony Pinkstone, a prisoner in custody, for bail and other orders pending the hearing of his applications for special leave to appeal to the High Court. Mr Pinkstone had been convicted in the Supreme Court of Western Australia of drug supply and attempted supply offences, and sentenced to an aggregate term of imprisonment. His appeal to the Court of Criminal Appeal of Western Australia against conviction and sentence was largely dismissed, although the aggregate sentence was slightly adjusted. Mr Pinkstone sought expedition of his special leave applications, consolidation of those applications, and bail, arguing that without bail he would be unable to fund counsel for the High Court proceedings.

The legal issues before the Court were whether to grant expedition for the hearing of the applications for special leave to appeal, whether to consolidate those applications, and whether to grant bail pending the determination of those applications. The Court was also required to consider the relevance of the applications, if successful, to the custodial punishment already imposed, the need to preserve the utility of the appellate jurisdiction, and whether the applicant had exhausted applications for bail in the State court. The Court also considered the availability of bail in a State court when exercising federal jurisdiction and the need for special circumstances to justify the grant of bail.

Kirby J considered the principles governing expedition and bail in the High Court. His Honour noted that expedition is an exceptional remedy, requiring a compelling reason, and that the preservation of the utility of the appellate jurisdiction is a relevant consideration. Regarding bail, His Honour referred to the general rule that bail is not available to a prisoner appealing against a custodial sentence unless special circumstances are shown. His Honour found that the applicant had not exhausted his remedies in the State courts regarding bail and that the grounds for seeking bail, including the inability to fund counsel, did not constitute special circumstances warranting the grant of bail by the High Court.

The Court ordered the expedition of the hearing of the applicant's applications for special leave to appeal and directed that they be heard during the special leave list in Perth in October 2003, if an earlier date acceptable to both parties could not be found. The Court also ordered the consolidation of those applications. However, the application for bail was refused.