June 24, 2013

Bail Application Case Studies

applying for bailReview real bail application case studies in which O’Brien Solicitors have acted in Sydney and elsewhere. See the results we have achieved and what our clients have said about us.

BHG – Bail granted to client charged with murder

BHG was charged with murder after an exchange with an armed intruder. We assisted BHG in his application for bail. He was granted bail on strict conditions.

Key terms: Murder, Section 18 Crimes Act 1900 – self-defence, Section 418 Crimes Act 1900 – civilian arrest – bail granted

AB – Successful Supreme Court bail application

We assisted AB in his Supreme Court bail application. We presented evidence of AB’s health which would be severely affected if he was placed in detention. Bail was granted.

Key terms: Supreme Court bail – aggravated sexual assault (victim is under the age of 16 years), Crimes Act 1900 Section 61J(1) – attempting to have sexual intercourse with a child between 10 and 16, Crimes Act 1900 Section 66D – show cause, Bail Act 2013 Section 16A

JMM – Prosecution’s detention application refused

Our client had been granted bail pending his hearing. The prosecution made a detention application in an attempt to revoke his bail. The judge found that the defence had successfully shown cause as to why detention was not justified. The prosecution’s detention application was therefore refused.

Key terms: Detention application, Bail Act 2013 (NSW) s 50 – show cause provisions, Bail Act 2013 (NSW) s 16A – unacceptable risk provisions, Bail Act 2013 (NSW) s 19 – handle/use firearm under the influence of alcohol, Firearms Act 1996 s 64 – bail – rural NSW

SB – Successful Supreme Court bail application

SB was refused bail in the Local Court. We assisted SB in lodging his Supreme Court bail application. During the hearing we presented evidence regarding SB’s willingness to undertake a rehabilitation program. He was granted bail with strict conditions.

Key terms: Supreme Court Bail Application; charges of specially aggravated break and enter; no presumption in favour of bail; bail granted

RM – Successful Supreme Court bail application

RM was refused bail in the Local Court after being charged with several assault offences. We assisted RM in his application for bail in the Supreme Court. After considering the evidence from RM’s family, the court agreed to grant bail with strict bail conditions.

Key terms: Supreme Court Bail Application; charges of aggravated sexual assault; bail granted

MN – Bail allowed after court considers evidence of client’s child caring responsibilities

After being charged for breaching an AVO, police refused bail. The continued refusal of bail until his hearing would have resulted in MN losing his job as well has his young children having no one to look after them. We successfully assisted in MN’s bail application in the Local Court.

Key terms: Application for Bail; charges of breach apprehended domestic violence order, assault occasioning actual bodily harm

AL – Successful bail variation application

AL was on bail pending his hearing for the importing of prohibited drugs. AL recently secured a full time job that made it difficult to comply with the reporting requirements listed under his bail conditions. We assisted AL in his bail variation application where we presented a letter from AL’s employer outlining the difficulty for him in meeting the reporting requirements. The judge varied the bail conditions in favour of AL.

Key terms: Bail; application to vary bail conditions; District Court of NSW

Contact O’Brien Criminal and Civil Solicitors on  (02) 9261 4281 or 24 hour phone / text: 0421 373 961 for urgent help on your bail application from our Sydney lawyers.