Terry, John G. --- "The Queen and Bronson Number Two; The Queen and Mark Jones (Criminal law - bail - serious offence - accused of limited means - recognizance to reflect means to pay)" [1983] AboriginalLawB 20; (1983) 1(8) Aboriginal Law Bulletin 7

• The Queen And Bronson Number Two; The Queen And Mark Jones
• Criminal Law-Bail-Serious Offence-Accused Of Limited Means-Recognizance To Reflect Means To Pay.

---

The Queen and Bronson Number Two; The Queen and Mark Jones

Criminal law - bail - serious offence - accused of limited means - recognizance to reflect means to pay.

The Queen and Bronson Number Two

Supreme Court of the Northern Territory at Alice Springs (Nader J.)

1 December 1982

The Queen and Mark Jones

Supreme Court of the Northern Territory at Alice Springs (Nader J.)

22 April 1983

Casenote by John G. Terry

Bronson Number Two was charged with the murder of his wife and in October 1982 was granted bail in the sum of $10 by the Supreme Court to appear at the Alice Springs Court of Summary Jurisdiction later in the month for a committal hearing. He attended the Court as directed and at the conclusion of the proceedings was committed to stand trial. The magistrate then set a bail recognizance in the sum of $1000 pending his arraignment.

The case again came before the Supreme Court as a fresh application for bail even though the defendant was in fact at liberty having entered the recognizance without the need of depositing security.

Having noted that the result of his failure to appear in accordance with his undertaking would result in the defendant's arrest whatever the amount fixed, the judge considered the appropriate principles in determining the sum to be forfeited. He considered it wrong to impose an amount that could not be forfeited because the defendant lacked the means to meet it. Nader J. considered the imposition of $1000 on a person whose sole income was money derived from the intermittent carting of wood as artificial. He thought that the amount of the recognizance must be tailored to the means of the person who is to enter it. It was quite proper to take into account in the case of a wealthy person the fact that a moderate bail would be meaningless if it imposed no sanction at all in the event of their failure to appear and he continued

Those who are wont to criticise courts for appearing to be lenient to certain classes of people ... I invite them to do their homework and try to understand the principles on which these figures are fixed and to understand that bail is not fixed in relation to the race of a person, but, when the amount is fixed it is in relation to his (sic) means because it is the only way justice can be done; ... If he wilfully stays away, no doubt the court would not grant him bail again. So from then on he would probably remain in custody. I think there is plenty of sanction there.

In the second case Mark Jones, a deaf mute, was charged with rape. After being committed to stand trial he was allowed bail on his own recognizance in the sum of $1500 by the magistrate. He was an invalid pensioner. When the matter came before the Supreme Court to set a date upon which the preliminary matter of the defendant's fitness to plead would be determined, Nader J. again considered the question of bail. He expressed the view that it was farcical to put prisoners on recognizances in large sums of money where they were, for example, invalid pensioners. It merely put those persons in jeopardy of having to serve a pre-determined prison sentence if they did not appear.

In setting fresh bail in the sum of $100, the judge said:

I think it is wrong in principle that the mere fact that a person is in almost destitute circumstances; should mean that he is going to serve prison by way of default whereas a person with more money can put his hand in his pocket or write a cheque. I see that as a bit repugnant...

Ms Pam Ditton of the Central Australian Aboriginal Legal Aid Service appeared for Bronson Number Two.

Mr Neil Andrews of the Central Australian Aboriginal Legal Aid Service appeared for Mark Jones.