Ettridge v Director of Public Prosecutions

HIGH COURT OF AUSTRALIACALLINAN JMatter No B70/2003DAVID WILLIAM ETTRIDGE   APPLICANTANDDIRECTOR OF PUBLIC PROSECUTIONS (QUEENSLAND)  RESPONDENTMatter No B71/2003PAULINE LEE HANSON   APPLICANTANDDIRECTOR OF PUBLIC PROSECUTIONS (QUEENSLAND)  RESPONDENTEttridge v Director of Public Prosecutions (Q))Hanson v Director of Public Prosecutions (Q)[2003] HCA 6823 September 2003B70/2003, B71/2003ORDERApplications dismissed.Representation:Matter No B70/2003B W Walker SC for the applicant (instructed by Boe Callaghan)B G Campbell for the respondent (instructed by Director of Public Prosecutions (Queensland))Matter No B71/2003C E K Hampson QC with K S Howe for the applicant (instructed by Nyst Lawyers)B G Campbell for the respondent (instructed by Director of Public Prosecutions (Queensland))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEttridge v Director of Public Prosecutions (Q)Hanson v Director of Public Prosecutions (Q)Criminal Law – application for bail pending the hearing of an application for special leave to appeal against a refusal of bail by an intermediate appellate court and before even the substantive appeal against conviction has been heard by the intermediate court of appeal – whether exceptional or special circumstances shown.CALLINAN J.   Anyone who turns out to have been wrongly imprisoned, even for a day, is entitled to feel a deep sense of grievance.  Accordingly our system of law is intended to ensure, so far as is possible, that an accused person be given a fair trial, and if convicted, not be excessively penalised.  Even so, trials can and do miscarry, and punishments more harsh than the crime and the circumstances of...