SUPREME COURT OF NORFOLK ISLAND
The Queen v Christian [2018] NFSC 2
File number: SC 1 of 2018 Judge: WIGNEY J Date of judgment: 2 March 2018 Catchwords: CRIMINAL LAW – review of grant of bail pursuant to s 36 of the Bail Act 2005 (NI) – where accused committed further offences while on bail – where accused breached bail conditions – whether bail should be refused or revoked – consideration of criteria in s 25 of the Bail Act 2005 (NI) – bail granted or continued subject to conditions
CRIMINAL LAW – sexual intercourse with a young person contrary to s 113(3) of the Criminal Code 2007 (NI) – supplying liquor to a minor contrary to s 66(a) of the Liquor Act 2005 (NI) – maintaining a sexual relationship with a young person pursuant to s 114 of the Criminal Code 2007 (NI)
Legislation: Bail Act 2005 (NI) ss 9, 25, 36
Criminal Code 2007 (NI) ss 113, 114
Liquor Act 2005 (NI) s 66
Sentencing Act 2007 (NI) s 119
Date of hearing: 2 March 2018 Registry: Norfolk Island Category: Catchwords Number of paragraphs: 41 Counsel for the Applicant: Ms DA Holliday Solicitor for the Applicant: Commonwealth Director of Public Prosecutions Counsel for the Respondent: Ms LD Reece Solicitor for the Respondent: McIntyres Lawyers ORDERS
SC1 of 2018 BETWEEN: COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
Applicant
AND: TIAAN LINLEY CHRISTIAN
Respondent
JUDGE:
WIGNEY J
DATE OF ORDER:
2 MARCH 2018
THE COURT ORDERS THAT:
1.The matter be listed for trial on Norfolk Island commencing on 4 June 2018 at 10:15am.
2.The matter be listed for case management on 8 May 2018 at 9:00am (AEDT) via audio-visual link between Sydney-Brisbane-Norfolk Island.
3.The Application by the Commonwealth DPP to revoke the Defendant’s Bail is dismissed.
4.The Defendant’s bail be continued on the following conditions:
(i)To reside at [redacted for privacy reasons] and not leave that address between 7:00pm and 6:00am, and that either Trent Linley Raymond Christian, Sally Anne McLeod, David Raymond Porter or Jo-Anne Svensson-Porter be with him at all times when he is at home or away from home. The prior approval in writing of the Commonwealth Director of Public Prosecutions must be obtained before any other person is approved to supervise the accused person pursuant to these bail conditions.
(ii)Not to obtain or use a mobile phone, or use any other telephone, except as provided in condition 8.
(iii)Not to use any computer or electronic communication device except for the purposes required by a recognised course of vocational study at a TAFE college or equivalent educational institution or as provided for in condition 5, and to give his father and any State or Commonwealth Police Officer access to the computer on request.
(iv)Not to apply for a passport or any other travel document relating to international travel.
(v)To consult with Dr Kate Lemerle or a psychologist nominated by her at least once per week, and if by electronic means, the connection is to be made and…
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- Case
- [2018] NFSC 2
- Decision Date
CaseChat Overview and Summary
The central legal issue for the court was whether the accused's bail should be revoked or continued, considering the breaches and the criteria set out in section 25 of the Bail Act 2005 (NI). The court had to weigh the seriousness of the new offences, the accused's compliance with bail conditions, and the risk of reoffending against the presumption of innocence and the right to liberty.
The court found that the accused had committed serious offences while on bail but determined that the breaches were not of such a nature or frequency as to warrant the revocation of bail. The court considered the accused's history, the support system available to him, and the potential impact on his right to a fair trial. Consequently, the court decided to continue the accused's bail with additional stringent conditions to ensure compliance and to mitigate the risk of reoffending. The court also set specific dates for the trial and case management hearings.
The court's final orders included continuing the accused's bail with strict conditions, dismissing the application to revoke bail, and scheduling the trial and case management hearings. The conditions imposed on the accused included a curfew, supervision requirements, restrictions on communication and travel, and mandatory reporting and consultation with authorities.
Orders
Orders of the court
1. The matter be listed for trial on Norfolk Island commencing on 4 June 2018 at 10:15am.
2. The matter be listed for case management on 8 May 2018 at 9:00am (AEDT) via audio-visual link between Sydney-Brisbane-Norfolk Island.
3. The Application by the Commonwealth DPP to revoke the Defendant’s Bail is dismissed.
4. The Defendant’s bail be continued on the following conditions:
(i) To reside at [redacted for privacy reasons] and not leave that address between 7:00pm and 6:00am, and that either Trent Linley Raymond Christian, Sally Anne McLeod, David Raymond Porter or Jo-Anne Svensson-Porter be with him at all times when he is at home or away from home. The prior approval in writing of the Commonwealth Director of Public Prosecutions must be obtained before any other person is approved to supervise the accused person pursuant to these bail conditions.
(ii) Not to obtain or use a mobile phone, or use any other telephone, except as provided in condition 8.
(iii) Not to use any computer or electronic communication device except for the purposes required by a recognised course of vocational study at a TAFE college or equivalent educational institution or as provided for in condition 5, and to give his father and any State or Commonwealth Police Officer access to the computer on request.
(iv) Not to apply for a passport or any other travel document relating to international travel.
(v) To consult with Dr Kate Lemerle or a psychologist nominated by her at least once per week, and if by electronic means, the connection is to be made and disconnected by a parent or authorised person, and to authorise such psychologist to confirm to the Commonwealth Director of Public Prosecutions or Police that consultation has occurred.
(vi) To report daily between the hours of 8:00am and 4:00pm to the Officer in Charge, Bundaberg Police Station, in the company of his father or step mother unless otherwise approved by the Commonwealth Director of Public Prosecutions in order to travel to Brisbane to confer with his legal representatives.
(vii) Not to leave Bundaberg except to attend the Federal Court, or to confer with his legal representatives, in Brisbane or the Supreme Court of Norfolk Island in the company of Trent Linley Raymond Christian and/or Sally Anne McLeod.
(viii) The accused may communicate by landline telephone with his legal advisers in the presence of his father.
(ix) Not to contact or attempt to contact the complainant or any other witnesses in any way, directly or indirectly.
(x) That the accused advise the Commonwealth Director of Public Prosecutions in writing 7 days prior to the commencement of any course of study or vocational training of his details of enrolment and attendance times.
5. The Defendant is excused from reporting to the Officer in Charge of Bundaberg Police Station today, and excused from the curfew requirements identified in Order 4(i) to the extent that he is travelling back to Bundaberg from Brisbane in the company of his father and step mother.
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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