Police v MN

Key Words: Breach AVO – section 14 Crimes (Domestic and Personal Violence) Act 2007 – assault occasioning actual bodily harm – section 59 Crimes Act 1900 – application for bail – bail granted

Facts:

MN was charged and bail refused by police for breaching an Apprehended Domestic Violence Order. Given the alleged breach was one of violence, MN faced a full time custodial sentence should the offences be proved. For this reason, police refused bail. MN made an application for bail before the Local Court. If he remained bail refused until the time of his hearing, he would have lost his full time job. He also had two young children to look after. It would have been significantly difficult for MN to prepare his defence should he remain in custody until his hearing.

Outcome:

Strict conditional bail was granted by the Local Court pending the finalisation of his matter. MN was required to enter into an agreement to forfeit $1000 surety without security and report daily to police.

Testimonial:

I don’t know what I would have done if I didn’t get bail. I would have lost my job and my kids. I would have lost everything.” MN