The Queen v Warren James Taber

[2000] QCA 122

[2000] QCA 122

COURT OF APPEAL

de JERSEY CJ
DAVIES JA
THOMAS JA

[R v Taber]

CA No 76 of 2000

THE QUEEN

v.

WARREN JAMES TABER  Applicant

BRISBANE

..DATE 10/04/2000

JUDGMENT

THE CHIEF JUSTICE:  This is an appeal against the Far Northern Judge's refusal of the appellant's application for bail.  The application related to charges of carrying on the business of trafficking in amphetamines over a period of two and a half years, the supplying and possession of dangerous drugs and receiving. 

It was up to the appellant to show cause why he should be granted bail because the offence of trafficking with which he was charged in relation to the time period was partially committed as is alleged while the appellant was on bail for an offence of obstructing the course of justice.

The learned Judge refused bail because in light of the appellant's background and the apparent strength of the Crown case and a perceived risk of his contacting Crown witnesses the Judge was not persuaded that the appellant had shown cause.  The Judge expressed a "very serious concern" of re-offending. 

The appellant has a not insubstantial past criminal history.  He is not in employment and if granted bail says that he will reside at a motel in Cairns.  There does, to me, appear to be a substantial Crown case against him.  Adding these circumstances to his prior criminal history the judge was, in my view, entitled to take the approach he did. 

This is an area in which the appeal court should be especially concerned about second guessing the assessment of a primary Judge.  No error has, to my mind, been shown in that Judge's discretionary approach in this case and his conclusion does indeed seem to be reasonable and justified.  I would dismiss the appeal.

DAVIES JA:  I agree.

THOMAS JA:  I agree.

THE CHIEF JUSTICE:  The appeal is dismissed.

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