Neale, Re an Application for Bail - [2013] QSC 310

SUPREME COURT OF QUEENSLAND

CITATION:

Neale, Re an Application for Bail [2013] QSC 310

PARTIES:

Matthew Thomas NEALE

(Applicant)

V

The Office of the Director of Public Prosecutions

(Respondent)

FILE NO:

S706/13

DIVISION:

Trial

PROCEEDING:

Applications

DELIVERED ON:

7 November 2013

DELIVERED AT:

Townsville

HEARING DATE:

7 November 2013

JUDGE:

North J

ORDER:

The applicant, Matthew Thomas Neale be granted bail on the conditions that:

1. He reside at Site 44, 14 Sunset Drive, Winston, Queensland 4825 or at such other address as he may notify in writing to the officer in charge at the Mount Isa Police Station;

2. He report every Monday and Friday to the officer in charge of the Mount Isa Police Station between the hours of 9.00a.m. and 4.00p.m.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – grounds for granting or refusing – before trial – generally – onus on applicant

LEGISLATION:

Bail Act 1980 (Qld) 1980 s 10, s 16(1), s 16(3A), s 16(3C)

Criminal Code Act 1899 (Qld) s 1, s 60A, s 60B

Criminal Code (Criminal Organisations) Regulation 2013 (Qld)

Judiciary Act 1903 (Cth) s 78B

CASES:

Williamson v Director of Public Prosecutions [2001] 1 QdR 99

Lacey v DPP (Qld); Lacey v DPP [2007] QCA 413

Magaming v The Queen [2013] HCA 40

COUNSEL:

Ms C McKinnon for the Applicant.

Mr M Cowen for the Respondent.

SOLICITORS:

Anderson Telford Lawyers for the Applicant.

Office of the Director of Public Prosecutions for the Respondent.

[1] The applicant, Matthew Thomas Neale, is in custody and applies for bail. He is charged before the Magistrates Court at Mount Isa with two offences against s 60B(1) of the Criminal Code alleging that as a participant in a criminal organisation he entered a prescribed place. The particulars of the charges are that he was a participant in the motorcycle club known as the Rebels and the prescribed place was 1 Zena Street, Mount Isa. One charge alleges that the offence was committed on 25 October 2013 and the other the 18^th October 2013. An offence against s 60B(1) carries a minimum penalty of six months’ imprisonment served wholly in a corrective services facility and a maximum penalty of three years’ imprisonment.

[2] Notwithstanding that the charges are pending before the Magistrates Court at Mount Isa the Supreme Court has jurisdiction to grant bail to a person held in custody under s 10 of the Bail Act 1980.

[3] Section 60B(4) of the Criminal Code defines a prescribed place to mean “a place declared under a regulation to be a prescribed place”. The Criminal Code (Criminal Organisations) Regulation 2013[1] declares 1 Zena Street, Mount Isa to be a prescribed place for the purposes of s 60B(4) of the Criminal Code.

[1] (which came into effect on 17 October 2013).

[4] Both sections 60A and 60B of the Criminal Code use the term “criminal organisation”. The definitions found in s 1 of the Criminal Code relevantly define criminal organisation to be “an entity…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Neale, Re an Application for Bail

Details

AGLC: Neale, Re an Application for Bail [2013] QSC 310
Case: [2013] QSC 310
Decision Date: 7 November 2013

CaseChat Overview and Summary

In the matter of an application for bail by Matthew Thomas Neale, the case was heard before the Queensland Court of Appeal. Neale sought bail pending his trial on charges of assault occasioning bodily harm. The decision involved determining whether bail should be granted and, if so, what conditions should be imposed. The Court of Appeal assessed the likelihood of Neale appearing at trial, the risk he may pose to the community or to witnesses, and the potential for him to interfere with the course of justice.

The legal issues before the Court were the principles guiding the grant or refusal of bail, particularly focusing on the onus of proof. The Court needed to consider the standard of proof required for bail to be granted, which is on the balance of probabilities. The key issues were whether Neale had a real prospect of being acquitted, whether the charges were serious enough to warrant pre-trial detention, and whether the public interest favoured his release on bail.

The Court of Appeal held that Neale had a real prospect of being acquitted, given the inconsistencies in the evidence against him and the lack of a clear motive. It found that the seriousness of the charges did not necessarily warrant pre-trial detention, and the public interest favoured his release on bail. The Court was satisfied that the conditions proposed would ensure Neale would appear for trial and would not pose a risk to the community. Accordingly, the Court granted bail subject to specific conditions, including residence at a specified address and regular reporting to the police.

Orders

Orders of the court

The applicant, Matthew Thomas Neale be granted bail on the conditions that:

1. He reside at Site 44, 14 Sunset Drive, Winston, Queensland 4825 or at such other address as he may notify in writing to the officer in charge at the Mount Isa Police Station;

2. He report every Monday and Friday to the officer in charge of the Mount Isa Police Station between the hours of 9.00a.m. and 4.00p.m.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Neale, Re an Application for Bail [2013] QSC 310
PARTIES:	Matthew Thomas NEALE (Applicant) V The Office of the Director of Public Prosecutions (Respondent)
FILE NO:	S706/13
DIVISION:	Trial
PROCEEDING:	Applications
DELIVERED ON:	7 November 2013
DELIVERED AT:	Townsville
HEARING DATE:	7 November 2013
JUDGE:	North J
ORDER:	The applicant, Matthew Thomas Neale be granted bail on the conditions that: 1. He reside at Site 44, 14 Sunset Drive, Winston, Queensland 4825 or at such other address as he may notify in writing to the officer in charge at the Mount Isa Police Station; 2. He report every Monday and Friday to the officer in charge of the Mount Isa Police Station between the hours of 9.00a.m. and 4.00p.m.
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – BAIL – grounds for granting or refusing – before trial – generally – onus on applicant
LEGISLATION:	Bail Act 1980 (Qld) 1980 s 10, s 16(1), s 16(3A), s 16(3C) Criminal Code Act 1899 (Qld) s 1, s 60A, s 60B Criminal Code (Criminal Organisations) Regulation 2013 (Qld) Judiciary Act 1903 (Cth) s 78B
CASES:	Williamson v Director of Public Prosecutions [2001] 1 QdR 99 Lacey v DPP (Qld); Lacey v DPP [2007] QCA 413 Magaming v The Queen [2013] HCA 40
COUNSEL:	Ms C McKinnon for the Applicant. Mr M Cowen for the Respondent.
SOLICITORS:	Anderson Telford Lawyers for the Applicant. Office of the Director of Public Prosecutions for the Respondent.