Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Achanfuo-Yeboah v R [2001] FCA 1152
CRIMINAL LAW – bail – review by Supreme Court of the Australian Capital Territory of decision of Magistrates Court refusing bail – consideration of whether to grant bail for a serious offence allegedly committed while on bail for another serious offence – whether acquitted on pending charges might amount to "special or exceptional" circumstances justifying grant of bail.
Bail Act 1992 (ACT) ss 9A, 22 Bail Amendment Act 2001 (ACT) s 12 Dunstan v Director of Public Prosecutions (1999) 92 FCR 168 ALBERT ACHANFUO-YEBOAH v THE QUEEN A 44 OF 2001 MILES, WHITLAM and GYLES JJ CANBERRA 21 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 44 OF 2001
DISTRICT REGISTRY
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ALBERT ACHANFUO-YEBOAH
APPLICANT
AND: THE QUEEN
RESPONDENT
JUDGES: MILES, WHITLAM and GYLES JJ
DATE OF ORDER: 21 AUGUST 2001
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The applicant be granted leave to appeal. 2. The appeal be allowed. 3. The order of the Supreme Court be set aside and the matter be remitted to the Supreme Court for further hearing. 4. The respondent pay the applicant's costs of the application for leave and of the appeal. 5. The costs of the Supreme Court proceedings be dealt with by the Supreme Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 44 OF 2001
ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE
AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ALBERT ACHANFUO-YEBOAH
APPLICANT
AND: THE QUEEN
RESPONDENT
JUDGES: MILES, WHITLAM and GYLES JJ DATE: 21 AUGUST 2001
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