High Court of Australia
High Court of Australia Brennan J Clarkson v Director of Public Prosecutions
ORDER Application dismissed 24 May 1985 Brennan J.
In these applications Mr Mark Alfred Clarkson, whom I shall call the applicant, has represented himself and said everything that I think could reasonably be said in support of the applications that he has made. He is presently in custody at Her Majesty's Metropolitan Reception Centre and he is awaiting trial on several counts. His trial on these counts commenced before Hampel J and a jury in the Supreme Court of Victoria on or about 16 April 1985.
On 14 May 1985 his Honour discharged the jury as a result of publicity which, in his Honour's view, may have tainted the jury's mind. The applicant was then remanded in custody. On an application for bail being made, he was granted bail on the same conditions as those which governed his previous bail. Those conditions had been considered previously by, inter alios Starke J in the Victorian Supreme Court. The applicant purportedly appealed from his Honour's order.
Prior to the commencement of his trial he had applied on several occasions to the Supreme Court to vary the terms and conditions of his bail. On 22 March 1985 he applied to Starke J for variation of the terms and conditions of his bail, but Starke J refused to grant any variation. On 12 April 1985 he filed a purported notice of appeal from that order and he now seeks an order for bail pursuant to O 70, r 12(4) of the rules of this Court. That subrule reads as follows:
After notice of appeal has been duly given from a judgment, order or sentence in a criminal proceeding, the Court or a Justice, upon application made upon notice, may grant a stay of execution or admit the appellant to bail upon such terms or conditions as appear just. The applicant relies also on O 70, r 32(3) which reads as follows: The Court or a Justice may, upon such terms as it or he thinks fit, admit an appellant to bail pending the hearing of his appeal or his application for leave to appeal.
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