Case Brief One Law and the Modern State

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Citation Carew v The Office of the Director of Public Prosecutions [2014] QSC 001. Procedural History The case was an application seeking bail of Carew (the applicant). Facts The applicant is an assumed member of the Rebels motorcycle gang and was arrested for knowingly being in public with two or more persons who are participants in a criminal organisation. Carew claims to have no membership with the criminal organisation but does however have relationships with persons who are known members. The applicant has numerous convictions ranging from traffic offence, to drug supply and distribution. Carew participated as a drug courier, and was sentenced to 14 months imprisonment but received bail of a period of 18 months. While on bail Carew trafficked drugs and was found carrying weapons. After multiple incidents concerning methylamphetamines the police found large sums of cash at his residents and evidence to show Carew was making substantial illicit drug transactions. It is however evident that the applicant has never failed to appear for court before, but has though committed criminal offences while on bail. Legal Issues The Primary question for the court is to whether or not to grant bail for Mr Carew during the 10 weeks prior to his hearing. Carew was arrested for being in a public place with two or more people who were participants in a criminal organisation. This was therefore breaking s.60A of the criminal code. “Any person who is a participant in a criminal organisation and is knowingly present in a public place with 2 or more other” The court has to consider whether the applicant is entitled to bail. The consideration of the bail act is looked over. “Notwithstanding this Act, a court or police officer authorised by this Act to grant bail shall refuse to grant bail to a defendant if the court or police officer is satisfied—(a) that

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