Reference no: EM133420429

Brenda was arrested and charged with a minor summary offence of trespassing (assume that the offence is one where the court had the discretion to grant bail). Within two hours of her arrest she was brought before a magistrate. Brenda has retained you as her attorney-at-law and she instructs you to apply for bail. She further instructs you that she is 30 years of age and is single. She is employed as a pastry maker. She lives with both parents at a fixed address and she is the sole breadwinner in the household. She is also the mother of a three-year-old child who lives with her.

The court prosecutor has objected to bail on the grounds that three years prior to the date of the case, Brenda had three previous convictions for obscene language, resisting arrest and careless driving. All of these offences were committed on one date and were part of a single transaction. Conduct research and prepare brief opinions on:

1. Whether the magistrate should uphold the prosecution's objection to bail;

2. What criteria the magistrate considers in deciding whether to grant bail; and

3. Whether the court should grant bail with a surety and what consequences could follow with respect to the bail and the surety should the defendant fail to appear in court for his trial and there is no reasonable excuse for her absence (Assume that the magistrate will neither proceed ex-parte nor will he issue a fresh summons).