Tieleman v The Queen

Case [2004] WASCA 164


TIELEMAN -v- THE QUEEN [2004] WASCA 164


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 164
COURT OF CRIMINAL APPEAL
Case No:CCA:112/200427 JULY 2004
Coram:ROBERTS-SMITH J3/08/04
46Judgment Part:1 of 1
Result: Applications refused
A
PDF Version
Parties:WALTER JOHN TIELEMAN
THE QUEEN
SEAN PEARCE

Catchwords:

Criminal law and procedure
Bail
Application for bail pending appeal
Exceptional reasons why applicants should not be held in custody
Prospects of success on appeal
Anticipated delay before hearing and judgment
Financial and other effects of applicants' incarceration on family, business and other persons

Legislation:

Bail Act 1982 (WA), cl 4, Pt C, Sch

Case References:

Avis v The Queen [2002] WASCA 45
Bernt v The Queen (1994) 70 A Crim R 1
Caratti v The Queen [1999] WASCA 91
Chamberlain (No 1) v The Queen (1983) 153 CLR 514
Clark v The Queen [2004] WASCA 91
Davis v The Queen (1990) 50 A Crim R 55
Draper v The Queen [2000] WASCA 160
Ewer v Ambrose (1825) 3 B & C 746; 107 ER 910
Kabadanis v Panagiotou (1980) 30 ALR 374
Leotta v Public Transport Commission (NSW) (1976) 50 ALJR 666
Marotta v The Queen (1999) 73 ALJR 265
Mullally v The Queen [2000] WASCA 26
Naylor v The Queen, unreported; CCA SCt of WA; Library No 960147; 20 March 1996
Parsons v The Queen (1998) 72 ALJR 1325
Peters v The Queen (1998) 151 ALR 51
R v Iannelli (2003) 139 A Crim R 1
R v Kastratovic (1985) 19 A Crim R 28
R v Kennedy (2000) 118 A Crim R 34
R v M [1980] NSWLR 195
R v MRW (1999) 113 A Crim R 308
R v Welden (1977) 16 SASR 421
Robinson v The Queen (1991) 65 ALJR 519
Russell v The Queen, unreported; SCt of WA; Library No 930741; 23 December 1993
Stalker v The Queen [2002] WASCA 364
Toomath v The Queen [1999] WASCA 213
United Mexican States v Cabal (2001) 183 ALR 645
Wills v Petroulias (2003) 204 ALR 162
Wilson v The Queen (1994) 73 A Crim R 532

Duke v The Queen [1999] WASCA 215
Ex parte Maher [1986] 1 Qd R 303
In re Cooper's Application for Bail [1961] ALR 584
Macleod v The Queen (2003) 197 ALR 333
Peters v The Queen (1996) 71 ALJR 309
R v Smith, unreported; CCA SCt of NSW; 18 May 1993
R v Southgate [1960] NSWR 477
R v Waters (1990) 9 Petty Sessions Review 4016
R v Wood [1974] VR 117
Willers v The Queen, unreported; SCt of WA (Parker J); Library No 950284; 7 June 1995

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : TIELEMAN -v- THE QUEEN [2004] WASCA 164 CORAM : ROBERTS-SMITH J HEARD : 27 JULY 2004 DELIVERED : 3 AUGUST 2004 FILE NO/S : CCA 112 of 2004

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Tieleman v The Queen [2004] WASCA 164
Case
[2004] WASCA 164
Decision Date

CaseChat Overview and Summary

The appeal in Tieleman v The Queen was heard by the High Court. The respondent was the Crown, and the applicant was Tieleman, who was seeking bail pending appeal against a conviction and sentence. The dispute centred on whether Tieleman should be granted bail while his appeal was being heard, given the exceptional circumstances that he argued justified his release from custody. The High Court was tasked with determining whether there were sufficient grounds to justify Tieleman's release on bail during the pendency of his appeal.

The legal issues before the Court were whether Tieleman's application for bail met the criteria for being granted exceptional circumstances. This involved assessing the prospects of success on appeal, the anticipated delay before the hearing and judgment of the appeal, and the financial and other effects of Tieleman's incarceration on his family, business, and other persons. The Court had to weigh these factors against the need to ensure the administration of justice and the public interest in Tieleman remaining in custody pending the outcome of his appeal.

The Court found that Tieleman had not demonstrated exceptional circumstances warranting his release on bail. The Court considered that the prospects of success on appeal were not strong, and the anticipated delay before the hearing and judgment of the appeal did not justify his release. The Court also found that while the effects of Tieleman's incarceration on his family, business, and other persons were significant, they did not outweigh the need to ensure the administration of justice and the public interest in Tieleman remaining in custody. Therefore, the Court refused Tieleman's application for bail pending appeal.

Orders

Orders of the court

Applications refused

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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