David Celeski v The Queen

• Jurisdiction: Australian Capital Territory
• Judge: Murrell CJ
• Judgment Date: 06 May 2016
• Court: Supreme Court of ACT
• Date: 06 May 2016
• Docket Number: File Number(s): SCC 78 of 2016; SCC 79 of 2016

[2016] ACTSC 101

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Before:

Murrell CJ

File Number(s): SCC 78 of 2016; SCC 79 of 2016;

SCC 80 of 2016; SCC 81 of 2016

David Celeski

(Applicant)

and

The Queen

(Respondent)

Representation:

Counsel

Mr P Bevan (Applicant)

Mr A Williamson (Respondent)

Legislation Cited:

Bail Act 1992 (ACT) s 9D

CRIMINAL LAW — BAIL — Bail Act 1992 (ACT) s 9D — special or exceptional circumstances — whether acceptance to drug rehabilitation and stable family constitute special or exceptional circumstances — bail refused

Decision:

Application for bail refused.

Murrell CJ

1 The applicant applies for bail in relation to two sets of offences allegedly committed in the ACT on 19 November 2015 and 22 January 2016.

Facts

2 The facts in relation to the offences are set out in Exhibits 1 and 3.

19 November 2015 offences

3 It is alleged that, in the early hours of 19 November 2015, the applicant and a co-offender went to commercial premises. They were in possession of a rental truck and a pallet jack.

4 They entered the premises and caused damage to CCTV cameras. A witness arrived and followed the offenders, who left the premises. The police became involved. The applicant was arrested and charged with offences including theft, trespass and damage to property.

5 The applicant was granted bail. Although the precise terms of the bail are not known, the bail conditions included curfew and non-association conditions.

6 The applicant pleaded guilty to most if not all charges.

22 January 2016 offences

7 The second group of offences allegedly occurred on or about 22 January 2016.

8 The applicant has been charged with theft, burglary and driving a stolen motor vehicle. The applicant pleaded guilty to the theft and burglary charges and not guilty to the charge of driving a stolen motor vehicle.

9 At the time of his arrest, a small amount of drugs was located, as well as ammunition.

10 It was discovered that the applicant had breached a curfew condition attaching to the first set of ACT offences.

11 Police executed a search warrant at the applicant's home in Queanbeyan and located material which resulted in further charges, including a charge of cultivating cannabis. A cannabis cultivation setup was located at the premises. There were no plants, but residue was located and the allegation is that plants had grown and harvested.

12 In relation to the offences on 22 January 2016, the applicant was refused bail in the Magistrates Court. Bail was revoked in respect of the offences of 19 November 2015. It is in relation to these matters that the current application is made.

New South Wales offences

13 Meanwhile, on 15 January 2016, the applicant allegedly committed offences in New South Wales. He was apprehended with a co-offender in a vehicle that contained stolen property, including firearms and ammunition. The applicant was seated in the passenger seat and it is alleged that some of the ammunition was located adjacent to the passenger seat.

14 The applicant was charged with a number of serious firearms offences. He pleaded not guilty and is awaiting the service of a brief of evidence. The matter will come before a New South Wales court in early June.

Application of s 9D of the Bail Act 1992 (ACT)

15 The Crown opposes bail, among other things, on the basis that s 9D of the Bail Act 1992 (ACT) ( Bail Act) applies to the ‘serious offences’ of 22 January 2016. It is alleged that the applicant committed these ‘serious offences’ while the 19 November 2015 ‘serious offence’ charges were pending. In such circumstances, bail must not be granted unless ‘special or exceptional circumstances’ are established: s 9D(2).

16 A ‘serious offence’ is defined as one which carries a maximum penalty of imprisonment for five years or longer. Many of the offences with which the applicant has been charged carry such a penalty, including the offences of theft and burglary. There is an issue about whether offences committed in New South Wales are ‘serious offences’ for the purposes of the ACT Bail Act, but as ‘serious’ ACT offences have been charged in relation to both...