Chamberlain, A.L. & Anor v. The Queen [1982] FCA 252

Chamberlain, A.L. & Anor v. The Queen [1982] FCA 252

The special circumstances arising from the recent birth of the applicant's child and the psychological evidence of harm from separation constitute exceptional circumstances justifying bail pending appeal. Bail should be granted with conditions including recognizance, residence, and supervision.

Parties
Appellant: Alice Lynne Chamberlain; Appellant: Michael Leigh Chamberlain; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
19 November 1982
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Outcome
application for bail granted
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Murder Conviction, Psychological Welfare of Child
Criminal Law Bail Pending Appeal Exceptional Circumstances Murder Conviction Psychological Welfare of Child

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Parties

Alice Lynne Chamberlain

Appellant

Michael Leigh Chamberlain

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether bail should be granted to Alice Lynne Chamberlain pending appeal against a conviction for murder
  2. 2 What constitutes exceptional circumstances sufficient to justify bail after conviction

Ratio Decidendi

The special circumstances arising from the recent birth of the applicant's child and the psychological evidence of harm from separation constitute exceptional circumstances justifying bail pending appeal. Bail should be granted with conditions including recognizance, residence, and supervision.

Court Disposition

application for bail granted

Orders

  • Alice Lynne Chamberlain be released on bail pending determination of appeal, upon entering recognizance in the sum of $300 with one surety of $300.
  • Bail is subject to conditions: (a) residence with family at Avondale College, Cooranbong; (b) acceptance of supervision by welfare or probation officer appointed by relevant Northern Territory authorities; (c) weekly reporting to officer in charge at Morisset Police Station, NSW.