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Re Loubie was a 1986 Australian case involving the breach of s.117 of the constitution by the Queensland government. ==Case facts== Loubie was a New South Wales resident. In Sydney he bought 5 bags of heroin weighing 138.14 grams for $25,000. He was intending to sell the drugs in Brisbane for a personal profit of around $5,000 to $7,500. After the purchase of the heroin he bought 3 plane tickets, under false names, to travel to Brisbane with two accomplices. One of which was a woman who carried the drugs. All three were apprehended by police after they left the airport. Both accomplices admitted their involvement in the intended sale of the drugs, Loubie denied involvement. However, when presented with evidence of his involvement by his accomplices he admitted involvement and offered the police officer $10,000 cash as well as the $11,000 worth of jewelry he was wearing as a bribe to avoid prosecution. Loubie stated to the officer: “Look what can I do. The drug is mine. I got five kids. Can we do something. I can get money. I ring my nephew in Sydney. He will get $10,000.00 on his house. I give it to you. Maybe I can get some of the drug back, soon as I sell it I give you the money. Please can I go. What about my 5 kids." He was charged under the Health Act (1937) of possession of dangerous drugs, heroin, for the purpose of sale. He was also charged under section of 121 of the Criminal Code for corruptly offering a police officer a sum of money and a quantity of jewellery in order to obtain protection from prosecution. He was denied bail under the Queensland Bail Act s. 16(3) (b) which states as he was not a resident of Queensland he needed to show cause for receiving bail. He was unable to do this so his bail was denied. S. 16(3) (b) of the act states: it is prohibited granting bail to a person ordinarily residing outside Queensland, unless cause was shown why it should be granted. However under the Queensland Bail Act a resident of Queensland that was charged with the same offences as Loubie would not have to show cause for bail and would therefore be far more likely to be granted it. Loubie believed this act was discriminating against him based on his state of residence, which would put the act in direct contradiction section 117 of the constitution, and so he appealed his case to the Supreme Court of Queensland to dispute the ruling on his bail. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Re Loubie」の詳細全文を読む スポンサード リンク
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