Question
provide some case law examples that show examples of compelling reasons that can be used by the defence in a bail application for the following
provide some case law examples that show examples of compelling reasons that can be used by the defence in a bail application for the following scenario.
Scenario
Jean Elton is 44 years old and married with two children, John and Diana. On 10 December 2021, Jean was arrested by police for possession of a drug of dependence, reckless conduct endangering persons, and driving under the influence following a car accident that occurred in High Street, Northcote. The driver of the other car was hospitalised and police told her at the time that because they were unsure as to the seriousness of the injury, they would have to bail her. Her charges were adjourned in December 2021 and she is awaiting the contested hearing at Northcote Magistrates Court on 14 May 2022.
Jean's husband, Bill Elton, was very upset at the charges and on learning that his wife had been using cannabis and driving. On Sunday 20 March 2022, Jean was arrested by a Loss Prevention Officer at Myer, Northland Shopping Centre. The LPO alleged that Jean stole a bottle of perfume valued at $120. Sergeant Frank Scully from Northcote police station arrested Jean and on being interviewed, she made full admissions to stealing the perfume. Jean is very embarrassed and doesn't want her husband or her children to learn of the second incident. Sergeant Scully has refused to let her off with a caution due to the value of the perfume and because of the pending charges for possession and DUI. Jean has been charged with one count of theft.
Information for Jean Elton
Jean has been suffering from chronic back pain for many years and was prescribed medicinal cannabis by the nurse at her GPs clinic in 2017. It is so bad that she has a special type of mattress and pillow for her bed, and things as simple as wearing the wrong shoes can cause a flare up. She had never touched drugs prior to her back pain, but it is the only thing that alleviates her pain.
Jean's husband Bill nearly left her after the accident and charges, and she is worried that if he were to learn of the shop-lifting, her marriage would be over. After the accident and charges, Jean was diagnosed with serious depression and prescribed medication.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started