The Queen v Thompson

Case [2015] ACTCA 19

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v Thompson

Citation:

[2015] ACTCA 19

Hearing Date(s):

14 May 2015

DecisionDate:

14 May 2015

Before:

Refshauge J

Decision:

1)              The sentence of imprisonment imposed on Andrew Francis Thompson on 20 March 2015 be stayed until further order;

2)              That Andrew Francis Thompson be granted bail, pending the delivery of decision in these proceedings or until further order, subject to the following conditions:

a.     that he reside at [address redacted];

b.     that he report to the officer in charge of the city police station each Monday, Wednesday and Friday between the hours of 8:00am and 8:00pm;

c.     that he not approach directly or indirectly, including through electronic means or be within 100 metres of [redacted for legal reasons], and

d.     that he attend the court when the decision in the proceedings is delivered. 

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – JURSIDICTION, PRACTICE AND PROCEDURE – Application for bail – Appeal pending– Whether stay necessary – Whether sentence will have been served while on bail – Special and exceptional circumstances

Legislation Cited:

Supreme Court Act1933 (ACT), s 37Q

Cases Cited:

Chamberlain v The Queen (No 1) (1983) 153 CLR 514

Chew v The Queen (1991) 66 ALJR 209
GW v The Queen [2014] ACTCA 54
Markovina v The Queen  (1998) 72 ALJR 1522
Marotta v The Queen (1999) 73 ALJR 265
Quzag v the Queen (No 2) [2015] ACTCA 10
Sherd v the Queen (2011) 5 ACTLR 290
United Mexican States v Cabal (2001) 209 CLR 165
Whan v McConaghy (1984) 153 CLR 631

Parties:

The Queen (Crown)

Andrew Francis Thompson (Defendant)

Representation:

Counsel

Mr S Drumgold (Crown)

Mr M Kukulies-Smith (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi Lawyers (Defendant)

File Number(s):

ACTCA No 66 of 2014

Decision under appeal: 

Court/Tribunal:             Supreme Court of the ACT

Before:  Robinson AJ

Date of Decision:         8 December 2014

Case Title:  R v Thompson

Citation:  SCC 50 of 2014

Court/Tribunal:             Supreme Court of the ACT

Before:  Robinson AJ

Date of Decision:         20 March 2015

Case Title:  R v Thompson

Citation: [2015] ACTSC 69

Refshauge J:

  1. After the jury returned a verdict on 8 December 2014 of guilty on counts of aggravated burglary and unlawful confinement, the applicant, Andrew Francis Thompson, was, on 20 March 2015, convicted of counts of aggravated burglary and unlawful confinement and also of offences of common assault and carrying or using a firearm.  He was sentenced to a total of two years imprisonment from 9 February 2015, to be suspended on 9 December 2015 after serving ten months in full-time custody.  A Good Behaviour Order was made for fourteen months.

  1. On 31 March 2015, he appealed against the convictions for these offences.  On 7 April 2015, the Crown appealed against the alleged inadequacy of the sentences imposed.  The appeal was heard on 6 May 2015 and judgment was reserved.  Mr Thompson has now applied for bail pending the determination of the appeal. 

Jurisdiction

  1. As decided…

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AGLC
The Queen v Thompson [2015] ACTCA 19
Case
[2015] ACTCA 19
Decision Date

CaseChat Overview and Summary

In *The Queen v Thompson*, Refshauge J considered an application for bail by Andrew Francis Thompson, who was appealing a sentence of imprisonment imposed on 20 March 2015. The central dispute concerned whether Thompson should be granted bail pending the determination of his appeal, and whether a stay of his sentence was necessary in the circumstances.

The primary legal issue before the court was whether special and exceptional circumstances existed to warrant the granting of bail and a stay of the sentence. This involved an assessment of whether the sentence of imprisonment would likely be served before the appeal could be heard and determined, and if so, whether this constituted a special or exceptional circumstance justifying departure from the usual practice of refusing bail pending appeal.

Refshauge J reasoned that the significant delay in the hearing of the appeal, coupled with the length of the sentence imposed, created a real risk that Thompson would serve a substantial portion, if not all, of his sentence before his appeal was heard. This potential for the appeal to become nugatory was considered a special and exceptional circumstance. Consequently, the court ordered that the sentence of imprisonment imposed on Andrew Francis Thompson be stayed until further order, and that he be granted bail pending the delivery of the decision in these proceedings or until further order, subject to specified conditions including residence, reporting to police, and a prohibition on approaching certain individuals or locations.

Orders

Orders of the court

1) The sentence of imprisonment imposed on Andrew Francis Thompson on 20 March 2015 be stayed until further order;

2) That Andrew Francis Thompson be granted bail, pending the delivery of decision in these proceedings or until further order, subject to the following conditions:

a. that he reside at [address redacted];

b. that he report to the officer in charge of the city police station each Monday, Wednesday and Friday between the hours of 8:00am and 8:00pm;

c. that he not approach directly or indirectly, including through electronic means or be within 100 metres of [redacted for legal reasons], and

d. that he attend the court when the decision in the proceedings is delivered.

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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