Brandon Lee Carlaw pleads guilty to drug, fail to appear charges

A man’s bizarre performance in court has led to confusion with his own lawyer proclaiming “I don’t know what’s wrong with him”.

Brandon Lee Carlaw couldn't make up his mind whether he wanted to plead guilty or not guilty to drug and fail to appear charges in court on Tuesday.

A drug offender referred to a female magistrate as ‘babe’ and made out like he couldn’t decide whether he was or wasn’t guilty during a frustrating exchange in Bundaberg Magistrates Court.

Brendan Lee Carlaw was in custody after a warrant was issued for his arrest for failing to appear at a previous court appearance.

Magistrate Trinity McGarvie began the proceedings, reading out his charges one by one.

“You failed to surrender at the Bundaberg Magistrates Court in course with an undertaking signed 27th October and you were arrested over a warrant, how do you plea? Guilty or not guilty?,” she asked.

“Not guilty...guilty..guilty,” Mr Carlaw said.

The magistrate continued - “Guilty? Thank you. So you accept that you failed to come to court?”

“Uh yeah, sure,” Mr Carlaw replied

Ms McGarvie then read aloud that Mr Carlaw was charged on September 15, 2021 with contravening a requirement made by a police officer to give identifying particulars.

“How do you plea? Guilty or not guilty,” Ms McGarvie said.

“Umm guilty,” Mr Carlaw said.

“Guilty?” the Magistrate continued

“Oh nah, nah, nah, not guilty,” Mr Carlaw said.

“You failed to give your fingerprints and photo?,” Ms McGarvie replied.

“Oh um yeah, guilty,” he said.

Ms McGarvie continued, asking Carlaw how he would plea to failing to appear on October 22, 2021 after signing an undertaking on July 15, 2021.

Another confusing exchange continued between the two with Ms McGarvie again having to clarify his position on the charge, which he pleaded guilty to.

Ms McGarvie continued on with the remaining charges.

“You were further charged on the 8th of September, 2021 you unlawfully possessed a dangerous drug, it was cannabis. How do you plea? Guilty or not guilty?,” Ms McGarvie asked.

Carlaw asked Ms McGarvie to clarify the charge.

“Cannabis. Possession of cannabis. Marijuana,” she said.

“Oh not guilty...oh guilty! Guilty!,” Mr Carlaw said.

Carlaw’s lawyer, Gavin James was forced to step in during the exchange.

“This is what happened with him in Rockhampton, I don’t know what’s wrong with him,” Mr James said.

Brandon Lee Carlaw couldn't make up his mind whether he wanted to plead guilty or not guilty to drug and fail to appear charges in court on Tuesday.

The same exchange occurred when Ms McGarvie asked for the defendant’s position on unlawfully possessing a pipe to smoke a dangerous drug, with Carlaw finally pleading guilty.

During a silent period in the courtroom, following the charges being read out, Mr Carlaw again made an unexpected comment.

“Um, I’m getting a haircut today,” he laughed.

Carlaw was stopped by police while riding a bike on Elliott Heads Road on September 8, 2021 where they found him carrying 8.8 grams of cannabis and a glass pipe in his pocket.

He admitted he intended on smoking cannabis and had just smoked methamphetamines at a friend’s house.

He failed to give particulars on drug matters, including fingerprints and was further charged.

A warrant was issued for his arrest in October when he failed to appear in court.

When police located him, he told them he had intended on showing up.

He failed to appear again in accordance with an undertaking on November 5, 2021 and was located at a home in Norville on January 2 when he was placed in custody.

The court heard Carlaw had been on a suspended sentence and had previous drug offences.

Lawyer, Gavin James said Carlaw had been between accommodation and had lost track his paperwork to appear in court.

“He has now been offered accommodation at his sister’s residence here and he intends to stay at that residence,” Mr James said.

Ms McGarvie took into his account his pleas of guilty and his personal circumstances, but mentioned the seriousness of offending while on bail.

He received an extension to his current suspended sentence with one month imprisonment, wholly suspended for a period of three months, and fined $450, referred to SPER.

“You’ve had one opportunity and you’ve breached that term already, it’s very unlikely that the court will believe it’s unjust for you to serve that term, do you understand that?” Ms McGarvie said.

“If you commit any other offences between now and September, jail will be imposed so you should expect that you’re going to jail, do you understand that?”

Mr Carlaw replied with “Sure, babe,” before being asked to reiterate what he said.

“Sure,” he replied.

Convictions were recorded for all charges.