Criminal Process – LAWS2055

Bail Application – Written Submissions

Weight: 30%
Word limit: 1,500 words (maximum)
Due: Monday 22 May 2023, by 11 pm (Week 4)
Submission: Electronic
Format: You are required to prepare written submissions for a bail application on
behalf of a fictional client in response to the factual scenario below.
ULO: (3) apply legal problem-solving methodology to resolve legal problem and
justify a conclusion

Factual Scenario
Danton Blanchet is a 23-year-old chef who lives and works in a small country town. He has had
a range of different jobs since he left high school at 16. However, he has now been working at
the same French restaurant for around 6 months and has had a good relationship with his
employer. He is living in a rented share house with some friends nearby. He has struggled with
addiction to alcohol and marijuana since he was in high school and is currently attending a drug
rehabilitation program and seeing a psychologist weekly to address his addiction. He does not
have a good relationship with his parents, who live in a town approximately 1,000 km away
from him. He has an older brother, Armand, who lives in the same town, with whom he has a
reasonably good relationship. His brother owns his own home and is married with one child. His
family have French heritage and he has both an Australian and a French passport. Over the past
few years, Danton has been back to France on numerous occasions to visit his grandparents and
his extended family.

On a busy Friday night, Danton got into a fight with another chef (the victim) at the restaurant
at which he works. During the fight he punched the victim in the face and left him bleeding with
a dislodged tooth. He claimed that the victim became aggressive and pushed him first while
they were arguing over a customer’s meal that had been sent back to the kitchen. There were
three witnesses to the event. Danton was asked by his boss to go home immediately. A short
time later the police arrived at his home and told him that he was under arrest. At the police
station, the police searched Danton and found 30 grams of marijuana in his pocket.

Danton was then charged with the following offences:

1. assault occasioning actual bodily harm under Crimes Act 1900 (NSW) s 59, a serious
indictable offence carrying a maximum of five years imprisonment / assault occasioning
bodily harm under s 339 Criminal Code (Qld), an indictable offence carrying a maximum
of seven years imprisonment; and
2. possession of a small quantity of a prohibited drug (cannabis) under s 10 of the Drugs
Misuse and Trafficking Act 1985 (NSW), an offence carrying a maximum of two years
imprisonment / possession of a dangerous drug (cannabis) under s 9 of the Drugs
Misuse Act 1986 (Qld), an offence carrying a maximum of 15 years imprisonment.

At the time of the alleged assault, Danton was already out on bail and awaiting trial for a
charge relating to cultivation and supply of marijuana contrary to the Drugs Misuse and
Trafficking Act 1985 (NSW) (DMTA) / Drugs Misuse Act 1986 (Qld), relating to the cultivation
of approximately 60 cannabis plants in his home (a serious indictable offence). He claims
that the plants were not his and belonged to one of his flatmates. He also has one prior
conviction for a common assault, for which he received a 12-month good behaviour bond
and a $800 fine. He has never failed to attend court when required. You have been
informed by Danton that his brother Armand is prepared to act as surety if required by the
court.

Danton was refused bail by the police and will brought before a magistrate to apply for bail
under the Bail Act 2013 (NSW) / Bail Act 1980 (Qld). You are his solicitor and are required to
prepare a bail application in the form below, referring only to the law in EITHER NSW OR
Queensland (not both). Your submissions must be referenced using the Australian Guide to
Legal Citation (4th ed, 2018) and provide reference to the relevant sections of the bail
legislation in your chosen jurisdiction.
 Bail Application – Submissions – Template
IN THE LOCAL COURT
OF NEW SOUTH WALES
OR (delete one)
IN THE MAGISTRATES COURT
OF QUEENSLAND
R v Danton Blanchet
Outline of submissions on the application for release on bail

Offence charged

1. The applicant, Danton Blanchet (the applicant) applies for release, after having bail refused by
police, in relation to …

Background

2. The alleged offending …

Category of Offence

3. [Outline category of offence – ‘show cause’?]

4. [If ‘show cause’ – outline submissions]

Unacceptable risk – relevant factors

5. [Submissions in relation to ‘unacceptable risk’ factors]

6. …

Proposed bail conditions

7. In all those circumstances it is submitted that …

8. Proposed bail conditions are annexed to these submissions.

 R v [X]

PROPOSED BAIL CONDITIONS

1. …

2. …
Bail Application – Marking Criteria
Criteria High Distinction Distinction Credit Pass Unsatisfactory
Show Cause Correctly identifies Correctly identifies Correctly identifies Correctly identifies Fails to consider or
whether the offence whether offence is a whether offence is a whether the offence incorrectly identifies
is a show cause show cause offence show cause offence is a show cause whether the offence
offence and identifies and identifies and identifies offence. is a show cause
relevant legislation relevant legislation relevant legislation. offence.
and where relevant and where/if
persuasively and relevant coherently
effectively argues argues why cause is
why cause is shown. shown.

Bail concerns / Addresses each bail Addresses each bail Addresses each bail Addresses each bail Fails to address or
unacceptable risks concern by concern by concern by concern and reaches only addresses some
considering relevant considering relevant considering relevant a conclusion on each bail concerns. Does
factors and factors and factors and reaches a unacceptable risk not reach a
appropriate appropriate conclusion on each conclusion on each
conditions with conditions and unacceptable risk unacceptable risk
reference to relevant reaches a conclusion
law and reaches a on each
conclusion on each unacceptable risk.
unacceptable risk
Use of material facts Accurately and Accurately and Accurately uses Uses some relevant Fails to use sufficient
to support argument succinctly uses succinctly uses relevant material material facts to relevant material
relevant material relevant material facts to support support argument. facts.
facts to persuasively facts to support argument.
support argument. argument.
Structure Correctly structures Correctly structures Correctly structures Partly structures Fails to structure
submissions in submissions in submissions in submissions in submissions in
accordance with accordance with accordance with accordance with accordance with
legislation in a way legislation. legislation but may legislation but may legislation.
that enhances miss some relevant miss several relevant
application. sections. sections.
Writing and Presented in clear Generally, well Generally, well Poor writing and Very poor writing
referencing and concise format. written and written and referencing. and referencing.
Legislation and case referenced according referenced according
law correctly to the Australian to the Australian
referenced according Guide to Legal Guide to Legal
to the Australian Citation (4th ed, Citation (4th ed,
Guide to Legal 2018), with some 2018), with a few
Citation (4th ed, minor errors. significant errors.
2018).