Stott v The Queen

[2016] ACTCA 36

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Stott v The Queen

Citation:

[2016] ACTCA 36

Hearing Date:

6 July 2016

DecisionDate:

18 August 2016

Before:

Refshauge J

Decision:

1.   The sentence of imprisonment imposed on Sharon Ann Stott on 16 March 2016 be stayed on 19 August 2016 until 9 September 2016.

2.   Sharon Ann Stott be granted bail from 19 August 2016 until 9 September 2016 on the following conditions:

(i)    That a suitable person provide security in the sum of $10,000;

(ii)    That Sharon Ann Stott accept supervision by the Director-General or her delegate and obey all reasonable directions of the person supervising her;

(iii)   That Sharon Ann Stott not consume alcohol or illicit drugs;

      (iv)    That Sharon Ann Stott submit to urinalysis or breath analysis when reasonably required by a police officer to whom she is required to report under condition 5 and by the person supervising her under condition 2;

      (v)     That Sharon Ann Stott report to the Officer-in-Charge of Woden Police Station each day between the hours of 8:00 am and 8:00 pm; 

      (vi)    That Sharon Ann Stott be at her place of residence each day between 8:30 pm and 7:30 am.

Catchwords:

APPEAL – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – Stay – Special or exceptional circumstances - prospects of success of appeal– possible termination of tenancy – arrange accommodation for family members – arrange for care of pets – potential loss of possessions – temporary stay and bail

Legislation Cited:

Bail Act 1992 (ACT), s 9E

Crimes Act 1900 (ACT), s 162
Housing Assistance Act 2007 (ACT)
Prohibited Weapons Act 1996 (ACT), s 5
Residential Tenancies Act 1997 (ACT), Sch 1
Supreme Court Act 1933 (ACT), ss 37J(1)(d), 37Q

Criminal Code 2002 (ACT), ss 45A, 603(7)

Cases Cited:

Filippetti (1978) 13 A Crim R 335

In an Application for Bail by Massey [2008] ACTSC 145
Quzag v The Queen (No 3) [2015] ACTCA 37
R v Celeski [2016] ACTSC 140
R v Quzag (2015) 298 FLR 330
Sherd v The Queen (2011) 5 ACTLR 290

Texts Cited:

T Wolfe, Counting the Cost.  The Social and Financial Consequences of Women’s Imprisonment

E Genders and E Player, ‘Women in Prison:  The Treatment, the Control and the Experience’ in P Carlen and A Worrall (eds), Gender Crime and Justice (Open University, 1987)

Parties:

Sharon Ann Stott (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr J Nicholson SC (Appellant)

Mr M Reardon (Respondent)

Solicitors

Kamy Saeedi Law (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 12 of 2016

REFSHAUGE J:

1. On 16 March 2016, a jury found the appellant, Sharon Ann Stott, guilty of trafficking in methamphetamine contrary to s 603(7) of the Criminal Code 2002 (ACT) and of possessing a prohibited weapon, an offence under s 5 of the Prohibited Weapons Act 1996 (ACT).

1. Acting Justice Walmsley sentenced Ms Stott on 9 May 2016, imposing a sentence of five years imprisonment on the first charge and a concurrent sentence…