In recent weeks Jones + Associates conducted an application for bail in the Supreme Court of Queensland. The applicant is alleged to be the “mastermind behind a tobacco empire” worth in excess of $20M.
Following an extensive investigation undertaken by the Crime and Corruption Commission (CCC), the applicant was charged with 55 criminal offences relating to the alleged operation of tobacco stores, including offences related to dealing with the proceeds of those stores.
The application conducted by our office was successful and the applicant was released back into the community.
This result was particularly pleasing given the challenging circumstances surrounding the matter, including the seriousness of the alleged offences.
A common issue encountered in applications such as these is the fact that the crown (DPP/CCC/Police) are not required to provide evidence of the matters they assert in court. That generally means there are many ‘facts’ argued regarding the alleged offending that the court can accept without any actual evidence being provided or referred to by the crown.
The difficulty faced by those attempting to secure bail is that it is extremely difficult, if not impossible, to mount any compelling argument against allegations when there is no evidence relied upon to support that allegation.
The importance of well-considered tactical approaches to applications such as this cannot be underestimated. There are many different considerations court must take into account when considering whether to grant bail and having experienced and competent advice will assist in ones prospects of success with these often complex and costly applications.
Should you have any queries regarding Supreme Court bail applications please do not hesitate to contact our office on (07) 3229 3166.