On 15 September 2017 investigators conducted physical surveillance at Fred James’ home in Sydney. At about 9pm, a man attended the premises. Mr James supplied the man with 27.8 grams of cocaine. Police stopped and searched the vehicle in which the man left Mr James’ home. The drugs were found and the man was arrested and charged. During October-November 2017, police were lawfully monitoring conversations between Mr James and a number of his associates. It is alleged that Mr James, during one of those conversations, made an order for “10” from his up-line supplier. On 10 November 2017, Mr James was observed to drive his vehicle in a southerly direction on the M1 motorway. Investigators stopped the vehicle two kilometres south of Wollongong. Police observed a hidden compartment underneath the bottom of the motor vehicle which contained two bags of a substance that was later analysed and found to be 282.5 grams of methylamphetamine. The prosecution case is that Mr James was en route to Nowra on the South Coast for the sole purpose of supplying this methylamphetamine to a number of identified associates in that area. Mr James was arrested. He declined an opportunity to be interviewed by police. His fingerprints were located on one of the two plastic resealable bags located in the car and his DNA was located on the outside edge of the filter casing of the engine bay, where the methylamphetamine was found. On 10 November 2017 Mr James was charged with a number of offences contrary to the Drug Misuse and Trafﬁcking Act 1985 (NSW) including s 25, being the supply of 282.5 grams of methylamphetamine (ie being a commercial quantity prescribed for that drug). He was refused bail and has remained in custody since that date. Mr James is an unemployed 51-year-old man who is married and has three children aged between 15 and 23. He has no prior convictions for drug offences. He has convictions for common assault in 1994 and 1999, assault occasioning actual bodily harm in 2000, and driving offences in 1993, 1997 and 2003. On 22 January 2018 Mr James’ two sons were involved in a serious motor vehicle accident. There is evidence from Mr James’ wife, his daughter, and
his mother about the current medical condition of his two sons and what is required to now care for them following this accident. Mr James’ younger son is aged 15. In the car accident he suffered multiple fractures and serious injuries to internal organs, including his bowel. He is in a wheelchair and needs assistance at all times, including going to the bathroom regularly because he has no bowel control. He must be taken to appointments with a number of different medical specialists. The older son is aged 21. His injuries are also serious, including fractured vertebrae and nerve damage affecting his left arm and hand. He is also confined to a wheelchair and needs a high level of assistance for general care and transport to medical appointments. Mr James’ wife, a woman of slight build, is struggling to take care of both of the young men. She is solely responsible for their care and transport and has left her retail sales job to do so. At times she has no choice but to leave one son at home unattended while she takes the other son to a medical appointment. Her parents are deceased. Mr James’ mother is in poor health and unable to assist. The James’ 23 year old daughter works long hours and provides financial support now that her mother is unable to be in paid work. Mr James’ wife has attempted to access support services but has been unable to do so, either due to the expense of private providers, or the ineligibility of her sons for free services. Mr James’ mother, Dorothy James, has deposed that she is willing to offer her home (a house in Campbelltown valued at $590,000) as security for a surety in that amount (ie $590,000). No date has yet been set for Mr James’ trial. The Crown Prosecutor estimates that the trial will take place in September 2018 at the earliest but it may be as late as November 2018. Instructions You are a solicitor acting for Mr James. You are asked to advise Mr James, on the available facts, whether you believe he should make a release application. In advising Mr James you will need to determine if he is eligible for bail under the Bail Act 2013 (NSW). In your answer you should:
1. Address whether there is a show cause offence and whether Mr James can demonstrate that his detention is unjustified?; and 2. regardless of your answer to (1), determine if there are any ‘unacceptable risks’ including any conditions that you would impose on Mr James.
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