The Queen v Jason McMahon - [2015] ACTSC 14

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	The Queen v Jason McMahon
Citation:	[2015] ACTSC 14
Hearing Date(s):	21 January 2015
DecisionDate:	21 January 2015
Before:	Refshauge ACJ
Decision:	(1) That the proceedings be adjourned to 11 March 2015 at 9.30 am. (2) Jason Andrew McMahon be granted bail to that day on the following conditions: (a) That he accept supervision of the Director‑General or her delegate and that he obey all reasonable directions of the person supervising him. (b) That he reside at 31 John Bull Street, Queanbeyan, New South Wales. (c) That he not absent himself from his place of residence between 8.30 pm and 6:00 am daily, except in an emergency. (d) That he report to Queanbeyan Police Station each Monday and Thursday between the hours of 8:00 am and 8:00 pm. (e) That he abstain from the consumption of alcohol or illicit drugs. (f) That he submit, when reasonably required by the person supervising him, to urinalysis. (g) That he submit, when reasonably required either by the person supervising him or by any police officer to whom he is required to report under these conditions, for breath analysis. (h) That he comply with the conditions of his New South Wales parole order. (i) That he maintain regular contact with Bennelong’s Haven and comply with any requirements made by that agency for the purpose of his admission to its drug and alcohol rehabilitation program. (j) That he report immediately upon his release on bail to ACT Corrective Services, Eclipse House, London Circuit, Canberra City to arrange supervision. (k) That, if he is offered a place in the program at Bennelong’s Haven, he report that fact to his solicitor within one working day with a view to the proceedings being relisted before the Honourable Justice Refshauge in time for a bail variation to permit him to accept that offer. 3. That the Director‑General provide a bail supervision progress report to the Court on 11 March 2015, and a copy of the bail supervision progress report be sent to the lawyers for the parties upon its receipt by the Court.
Category:	Principal Judgment
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – Applicant seeking rehabilitation – Stale offences
Legislation Cited:	Crime Sentencing Act 2005 (ACT)
Cases Cited:	Dunstan v The Director of Public Prosecutions (1999) 92 FCR 168 Hogan v Hinch (2011) 234 CLR 506 Mill v The Queen (1988) 166 CLR 59 R v Blanco (1999) 106 A Crim R 303 R v Elphick [2014] ACTSC 372 R v Laipato (No 2) [2014] ACTSC 130 R v McMahon [2014] ACTSC 280 Saga v Reid [2010] ACTSC 59
Parties:	The Queen (Crown) Jason McMahon (Defendant)
Representation:	Counsel Ms Jamieson-Williams (Crown) Ms T Warwick (Defendant)
Solicitors ACT Director of Public Prosecutions (Crown) Wilson Phillips Lawyers (Defendant)
File Number(s):	SCC 70 of 2008

Refshauge ACJ:

In Saga v Reid [2010] ACTSC 59 I noted that it can be accepted that a drug addiction is such a…

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 The Queen v Jason McMahon

Details

AGLC: The Queen v Jason McMahon [2015] ACTSC 14
Case: [2015] ACTSC 14
Decision Date: 21 January 2015

CaseChat Overview and Summary

The Queen v Jason McMahon involved an application for bail by the applicant, Jason Andrew McMahon, who was facing charges for stapling his ear to a toilet seat and attempting to escape lawful custody. The case was heard in the Supreme Court of the Australian Capital Territory. The applicant argued that he was seeking rehabilitation and had no intention of reoffending, particularly as the charges were stale. The respondent opposed the application on the grounds that the applicant had a history of violence and was a flight risk.

The legal issues before the court were whether the applicant's proposed rehabilitation program justified the granting of bail, and whether the applicant was likely to reoffend if released on bail. The court considered the applicant's criminal history, the seriousness of the current charges, and the likelihood of the applicant absconding or reoffending if released on bail. The court also considered the applicant's prospects of rehabilitation through the proposed drug and alcohol rehabilitation program.

The court found that the applicant's prospects of rehabilitation were strong and that the risk of reoffending was low. The court also found that the applicant was unlikely to abscond if released on bail, given his ties to the local community and the strict conditions that would be imposed on his bail. The court granted the applicant bail with strict conditions, including regular reporting to police, abstaining from alcohol and drugs, and complying with the conditions of his parole order. The court also ordered that a progress report be provided to the court on the applicant's rehabilitation program.

The orders made by the court included granting the applicant bail with strict conditions, adjourning the proceedings to a later date, and requiring the Director-General to provide a progress report on the applicant's rehabilitation program. The applicant was also required to report to ACT Corrective Services upon his release on bail to arrange supervision.

Orders

Orders of the court

(1) That the proceedings be adjourned to 11 March 2015 at 9.30 am.

(2) Jason Andrew McMahon be granted bail to that day on the following conditions:

(a) That he accept supervision of the Director‑General or her delegate and that he obey all reasonable directions of the person supervising him.

(b) That he reside at 31 John Bull Street, Queanbeyan, New South Wales.

(d) That he report to Queanbeyan Police Station each Monday and Thursday between the hours of 8:00 am and 8:00 pm.

(e) That he abstain from the consumption of alcohol or illicit drugs.

(f) That he submit, when reasonably required by the person supervising him, to urinalysis.

(g) That he submit, when reasonably required either by the person supervising him or by any police officer to whom he is required to report under these conditions, for breath analysis.

(h) That he comply with the conditions of his New South Wales parole order.

(i) That he maintain regular contact with Bennelong’s Haven and comply with any requirements made by that agency for the purpose of his admission to its drug and alcohol rehabilitation program.

(j) That he report immediately upon his release on bail to ACT Corrective Services, Eclipse House, London Circuit, Canberra City to arrange supervision.

(k) That, if he is offered a place in the program at Bennelong’s Haven, he report that fact to his solicitor within one working day with a view to the proceedings being relisted before the Honourable Justice Refshauge in time for a bail variation to permit him to accept that offer.

3. That the Director‑General provide a bail supervision progress report to the Court on 11 March 2015, and a copy of the bail supervision progress report be sent to the lawyers for the parties upon its receipt by the Court.

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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