Suttie v The Queen [2013] NTSC 37
PARTIES:SUTTIE, KRISTOPHER
v
THE QUEEN
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE TERRITORY EXERCISING TERRITORY JURISDICTION
FILE NO:21300439
DELIVERED: 21 March 2013
HEARING DATES: 11, 14 & 21 March 2013
JUDGMENT OF: HILEY J
CATCHWORDS:
CRIMINAL LAW – Bail – Application for review of decision not to grant bail – presumption against bail – onus of proof lies with the Applicant to satisfy the Court that bail should not be refused – criteria to be considered in bail applications
Bail Act ss 7A(2), 24, 35
Misuse of Drugs Act ss 5, 9
R v Williams (2012) 32 NTLR 97, followed.
R v Wilson (2011) 29 NTLR 83, not followed.
R v JDT [2011] NTSC 39; R v Mills [1998] 4 VR 235, referred to.REPRESENTATION:
Counsel:
Applicant:James Anderson
Respondent: Michael McColm
Solicitors:
Applicant:NAAJA
Respondent: ODPP
Judgment category classification: B
Judgment ID Number: Hil1306
Number of pages: 21
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINSuttie v The Queen [2013] NTSC 37
No. 21300439
BETWEEN:
Kristopher Suttie
Applicant
AND:
The Queen
Respondent
CORAM: HILEY J
REASONS FOR DECISION
Introduction
On 21 March 2013 I allowed bail on certain conditions and I indicated that I would provide written reasons for the benefit of the parties. However, since these reasons may contain information that may be prejudicial to the trial I propose and order that these reasons be and remain confidential to and between the parties until the final disposition of the principal proceedings, or until further order of this Court.
This is an Application under section 35 of the Bail Act for review of a decision of Magistrate Cavanagh made on 5 March 2013, refusing to grant bail to Mr Suttie (the Applicant). A review under s 35 is to be conducted by way of re-hearing, and the Court is not constrained by the evidence before the learned magistrate (s 36).
According to the Information for an Indictable Offence taken 4 January 2013,[1] Mr Suttie has been charged with six offences, in that he did unlawfully:
(a)supply MDMA, a dangerous drug specified in Schedule 2, to another person - contrary to s 5(2)(a)(iv) of the Misuse of Drugs Act:
(b)supply cannabis plant material, a dangerous drug specified in Schedule 2, to another person - contrary to ss s 5(1) & (2)(a)(iv) of the Misuse of Drugs Act;
(c)possess cannabis plant material, a dangerous drug specified in Schedule 2 - contrary to s 9(1) & (2)(f)(ii) of the Misuse of Drugs Act;
(d)possess Methamphetamine, a dangerous drug specified in Schedule 2- contrary to s 9(1) & (2)(f)(ii) of the Misuse of Drugs Act;
(e)possess MDMA, a dangerous drug specified in Schedule 2, and the amount of the dangerous drug was a commercial quantity, namely 48.9 grams - contrary to s 9(1) of the Misuse of Drugs Act;
(f)receive property, namely $6,995, obtained from the…
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CaseChat Overview and Summary
The court found that the Applicant had not discharged the onus of proving that bail should not be refused. The Applicant’s criminal history was extensive, and the risk of reoffending was high. The court also found that the presumption against bail should be applied, given the nature of the alleged offences and the risk of flight. The court considered the evidence of the Applicant’s father and other affidavits, but found that they did not outweigh the risk of the Applicant reoffending or failing to appear in court. The court also found that the Applicant’s admissions during his record of interview were significant, and that they demonstrated a willingness to engage in criminal activity.
The application was dismissed. The court found that the Applicant had not satisfied the onus of proving that bail should not be refused, and that the presumption against bail should be applied. The court found that the risk of reoffending and the risk of flight were too high, and that the interests of the community required that the Applicant remain in custody. The court also found that the evidence of the Applicant’s father and other affidavits did not outweigh these factors.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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