Wilson v The Queen

Case [2016] ACTCA 56


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Wilson v The Queen

Citation:

[2016] ACTCA 56

Hearing Date:

30 September 2016

DecisionDate:

18 October 2016

Before:

Refshauge J

Decision:

1.   The application for a stay of sentencing and for bail be dismissed.

2.   The parties be heard as to consequential orders.

Catchwords:

APPEAL – CRIMINAL LAW – Sentencing – multiple historical child sexual assault and indecency convictions – stay of sentencing proceedings – bail – continuation of bail pending the hearing of the appeal – alleged inconsistencies of the verdicts – interventions by the trial judge – principles allowing interventions by the trial judge – consideration – poor health of the accused – serious medical condition – exceptional circumstances leading to a delay of sentencing

Legislation Cited:

Bail Act 1992 (ACT) s 9E

Corporations Act 2001 (Cth) s 588G(2)

Corrections Management Act 2007 (ACT) s 53

Court Procedures Rules 2006 (ACT)

Workplace Relations Act 1996 (Cth) s 298P(3)

Cases Cited:

ASIC v Edwards [2005] NSWSC 1278; 56 ACSR 290

Cook v The Queen [2016] VSCA 174

Costa v The Queen [2013] VSCA 5

Construction, Forestry, Mining and Energy Union v Hamberger Industrial Advocate [2001] FCA 1442

Galea v Galea (1990) 19 NSWLR 263

Jones v National Coal Board [1957] 2 QB 55

Lockwood v Police (2010) 107 SASR 237

MacKenzie v The Queen (1996) 190 CLR 348

Masoud v The Queen [2000] FCA 435

Michael v Western Australia [2007] WASCA 100

Michel v The Queen [2010] 1 WLR 879

Nafranec v Nicol [2012] WASC 436

Nona v The Queen (No 3) [2012] ACTCA 60

Osland v The Queen (1998) 197 CLR 316

R v BJW (2000) 112 A Crim R 1

R v Brdarovski (2006) 166 A Crim R 366

R v Damic [1982] 2 NSWLR 750

R v Davies [1984] 3 NSWLR 572

R v De Marchi [1983] 1 VR 619

R v DM [2010] ACTSC 137

R v Esposito (1998) 45 NSWLR 442

R v Johnson [2015] QCA 270

R v Martin [2012] NSWSC 801

R v Mawson [1967] VR 205

R v Matthews (1984) 78 Cr App R 23

R v Meyboom (2012) 256 FLR 450

R v Samani [2016] ACTCA 48

R v T, WA (2014) 118 SASR 382

R v WR [2009] ACTSC 93

Ratten v The Queen (1974) 131 CLR 510

RPS v The Queen (2000) 199 CLR 620

Sherd v The Queen [2011] ACTCA 17; 5 ACTLR 290

Singleton v Police [2009] SASC 41

Stott v The Queen [2016] ACTCA 36

Wright v The Queen [2016] NSWCCA 122

Yuill v Yuill [1945] P 15

Parties:

Brian Christopher Wilson (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr B Buckland (Appellant)

Ms M Jones (Respondent)

Solicitors

Ben Aulich & Associates (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 48 of 2016

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Elkaim J

Date of Decision:         29 August 2016 – 9 September 2016

Case Title:  R v Wilson

Court…

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AGLC
Wilson v The Queen [2016] ACTCA 56
Case
[2016] ACTCA 56
Decision Date

CaseChat Overview and Summary

Wilson (the applicant) appealed against convictions for multiple historical child sexual assault and indecency offences. The applicant sought a stay of sentencing proceedings and continuation of bail pending the hearing of his appeal, citing alleged inconsistencies in the verdicts, interventions by the trial judge, and his own poor health due to a serious medical condition. The matter came before Refshauge J in the Supreme Court of the Australian Capital Territory.

The primary legal issues before the Court were whether the applicant was entitled to a stay of sentencing proceedings and whether he should be granted bail pending the determination of his appeal. These issues required consideration of the principles governing stays of sentencing, the circumstances in which a trial judge may intervene during proceedings, and the criteria for granting bail in the context of an appeal against conviction, particularly where exceptional circumstances leading to a delay in sentencing were alleged.

Refshauge J dismissed the application for a stay of sentencing and for bail. The Court found that the grounds advanced by the applicant were insufficient to warrant a stay of sentencing or the continuation of bail. The decision implies that the alleged inconsistencies in verdicts and the trial judge's interventions, while noted, did not meet the threshold for granting the requested relief. The applicant's poor health and serious medical condition, though acknowledged, were not found to constitute exceptional circumstances that would justify a stay of sentencing or the grant of bail in this instance. The Court ordered that the parties be heard as to consequential orders.

Orders

Orders of the court

1. The application for a stay of sentencing and for bail be dismissed.

2. The parties be heard as to consequential orders.

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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