The woman who received the toughest penalty yet for breaching WA's quarantine laws is set to be released from custody immediately while she awaits the outcome of her appeal against the six-month jail term she received.
Key points:
- Asher Vander Sanden arrived on a truck from coronavirus-hit Victoria
- She did not enter quarantine and evaded police efforts to find her
- Her appeal was unlikely to be heard until after she finished her jail term
Asher Vander Sanden, 28, admitted sneaking across WA's hard border hidden in a car that was being transported by a truck.
She had travelled from coronavirus-hit Victoria, where she had been visiting her sister.
Vander Sanden was picked up at a Midland petrol station by her partner and spent the next two weeks staying at a unit in Scarborough, evading attempts by police to locate her.
She was arrested on August 12 and taken into custody, where she has remained ever since.
Last week she pleaded guilty to breaching quarantine laws before Magistrate Andrew Matthews sentenced her to six months jail.
He described her crime as "very serious" and saying it had undermined WA's efforts to prevent the community spread of the "hideous virus".
The sentence was the harshest penalty for a quarantine breach handed down in WA so far.
Vander Sanden's lawyers lodged an appeal immediately in the Supreme Court but because it was not likely to be heard until well after Vander Sanden had completed her jail sentence, she applied for release on bail.
Appeal prospects in Vander Sanden's favour: Judge
State prosecutor Lindsay Fox did not oppose the bail application and Vander Sanden was granted $5,000 bail with a similar surety.
She is required to live at a residence in Ascot and to report to police once a week.
Today's hearing was told Vander Sanden had returned a negative COVID-19 test result.
Justice Jenni Hill noted under state law dealing with the Magistrates Court, she was "obliged" to treat Vander Sanden as though she had not yet been convicted of any offence.
She had to consider the prospects of success of the appeal, and at this early stage they appeared "strongly in her favour".
Justice Hill said because of the number of similar cases coming before the courts, an urgent appeal hearing should be listed to provide the sentencing authorities with some "assistance".
The hearing was then listed for next week, with Vander Sanden's lawyer, Simon Watters, saying the issue would be whether the jail term was "manifestly excessive" and whether she should have been given a suspended prison term.
At least four other people who have admitted breaching their hotel quarantine were given six-month jail terms, but five months of the sentence was suspended, meaning they only spent about a month in jail.
Vander Sanden will be required to attend her appeal hearing.
The truck driver who gave her the lift to Perth has been charged and is due to appear in court next week.
https://news.google.com/__i/rss/rd/articles/CBMib2h0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIwLTA5LTAyL2FzaGVyLXZhbmRlci1zYW5kZW4tYmFpbC1hbWlkLXdhLWJvcmRlci1icmVhY2gtamFpbC10ZXJtLWFwcGVhbC8xMjYyMDQxONIBJ2h0dHBzOi8vYW1wLmFiYy5uZXQuYXUvYXJ0aWNsZS8xMjYyMDQxOA?oc=5
2020-09-02 03:19:00Z
52781036844974
Bagikan Berita Ini
0 Response to "Asher Vander Sanden bailed as she fights six-month jail term for sneaking across WA border - ABC News"
Post a Comment