The Queen v Christian [2018] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

The Queen v Christian [2018] NFSC 2 File number: SC 1 of 2018

Judge: WIGNEY J

Date of judgment: 2 March 2018

Catchwords: CRIMINAL LAW – review of grant of bail pursuant to s 36 of the Bail Act 2005 (NI) – where accused committed further offences while on bail – where accused breached bail conditions – whether bail should be refused or revoked – consideration of criteria in s 25 of the Bail Act 2005 (NI) – bail granted or continued subject to conditions CRIMINAL LAW – sexual intercourse with a young person contrary to s 113(3) of the Criminal Code 2007 (NI) – supplying liquor to a minor contrary to s 66(a) of the Liquor Act 2005 (NI) – maintaining a sexual relationship with a young person pursuant to s 114 of the Criminal Code 2007 (NI)

Legislation: Bail Act 2005 (NI) ss 9, 25, 36 Criminal Code 2007 (NI) ss 113, 114 Liquor Act 2005 (NI) s 66 Sentencing Act 2007 (NI) s 119

Date of hearing: 2 March 2018

Registry: Norfolk Island

Category: Catchwords

Number of paragraphs: 41

Counsel for the Applicant: Ms DA Holliday

Solicitor for the Applicant: Commonwealth Director of Public Prosecutions

Counsel for the Respondent: Ms LD Reece

Solicitor for the Respondent: McIntyres Lawyers

ORDERS SC1 of 2018

BETWEEN: COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS Applicant

AND: TIAAN LINLEY CHRISTIAN Respondent

JUDGE: WIGNEY J DATE OF ORDER: 2 MARCH 2018

THE COURT ORDERS THAT:

1. The matter be listed for trial on Norfolk Island commencing on 4 June 2018 at 10:15am. 2. The matter be listed for case management on 8 May 2018 at 9:00am (AEDT) via audio-visual link between Sydney-Brisbane-Norfolk Island. 3. The Application by the Commonwealth DPP to revoke the Defendant's Bail is dismissed. 4. The Defendant's bail be continued on the following conditions: (i) To reside at [redacted for privacy reasons] and not leave that address between 7:00pm and 6:00am, and that either Trent Linley Raymond Christian, Sally Anne McLeod, David Raymond Porter or Jo-Anne Svensson-Porter be with him at all times when he is at home or away from home. The prior approval in writing of the Commonwealth Director of Public Prosecutions must be obtained before any other person is approved to supervise the accused person pursuant to these bail conditions. (ii) Not to obtain or use a mobile phone, or use any other telephone, except as provided in condition 8. (iii) Not to use any computer or electronic communication device except for the purposes required by a recognised course of vocational study at a TAFE college or equivalent educational institution or as provided for in condition 5, and to give his father and any State or Commonwealth Police Officer access to the computer on request. (iv) Not to apply for a passport or any other travel document relating to international travel. (v) To consult with Dr Kate Lemerle or a psychologist nominated by her at least once per week, and if by electronic means, the connection is to be made and disconnected by a parent or authorised person, and to authorise such psychologist to confirm to the Commonwealth Director of Public Prosecutions or Police that consultation has occurred. (vi) To report daily between the hours of 8:00am and 4:00pm to the Officer in Charge, Bundaberg Police Station, in the company of his father or step mother unless otherwise approved by the Commonwealth Director of Public Prosecutions in order to travel to Brisbane to confer with his legal representatives. (vii) Not to leave Bundaberg except to attend the Federal Court, or to confer with his legal representatives, in Brisbane or the Supreme Court of Norfolk Island in the company of Trent Linley Raymond Christian and/or Sally Anne McLeod. (viii) The accused may communicate by landline telephone with his legal advisers in the presence of his father. (ix) Not to contact or attempt to contact the complainant or any other witnesses in any way, directly or indirectly. (x) That the accused advise the Commonwealth Director of Public Prosecutions in writing 7 days prior to the commencement of any course of study or vocational training of his details of enrolment and attendance times. 5. The Defendant is excused from reporting to the Officer in Charge of Bundaberg Police Station today, and excused from the curfew requirements identified in Order 4(i) to the extent that he is travelling back to Bundaberg from Brisbane in the company of his father and step mother.