Ivory towers (not)

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

Application for bail (granted) by an alleged member of the Rebels bikie gang.


North J:

[23] Lest there be any misunderstanding or misinterpretation nothing that I have said in these reasons nor the orders that I make are intended to serve any purpose other than to determine an application for bail in accordance with settled principles. Judges may work in cloistered confines but they do not live outside the community with the consequence that all judges are aware of controversies in the public domain. Be that as it may the following is a clear reminder of what I understand to be the orthodox view:

“[105] The enactment of sentences by the legislature, whether as maxima or minima, involves the resolution of broad issues of policy by the exercise of legislative power. A sentence enacted by the legislature reflects policy-driven assessments of the desirability of the ends pursued by the legislation, and of the means by which those ends might be achieved. It is distinctly the province of the legislature to gauge the seriousness of what is seen as an undesirable activity affecting the peace, order and good government of the Commonwealth and the soundness of a view that condign punishment is called for to suppress that activity, and to determine whether a level of punishment should be enacted as a ceiling or a floor.

[106] In laying down the norms of conduct which give effect to those assessments, the legislature may decide that an offence is so serious that consideration of the particular circumstances of the offence and the personal circumstances of the offender should not mitigate the minimum punishment thought to be appropriate to achieve the legislature’s objectives, whatever they may be”.[9]

Brisbane Barrister – David Cormack

Related Posts

Recent Comments



    Discover more from David Cormack, Barrister

    Subscribe now to keep reading and get access to the full archive.

    Continue reading