Assault and Breaching Offences – Bail Application Granted

This is a case study on a successful bail application for family violence and violence charges.

What is alleged to have occured?
Our client was facing family violence and violence charges. He was remanded into custody following a family dispute with his former partner. He is a 55-year old man with no prior criminal history however he suffers quite badly with mental illness.

Our client engaged a lawyer to run a bail application two days after he was remanded but this was unsuccessful. He sought new representation and came to us and, a week later, we ran a second bail application for him on the basis of new facts and circumstances.

What happened at court?
We represented the client at the Geelong Magistrates’ Court for a bail application regarding the following charges:

Running a second bail application with legal representation is challenging. This is because the court will only allow the application if the client can show new facts and circumstances. The primary concern at the initial bail application was our client’s poor mental health and the role this played in his risk of reoffending while on bail.

To address this we had our client assessed by a Forensic Psychiatrist. A report was prepared by the psychiatrist offering a professional diagnosis, and most importantly outlining a plan to get our client back on track. Further, we contacted family members who live in the country a considerable distance from where the alleged offending took place. They agreed that our client could live with them should he be granted bail. We arranged for several members of our client’s extended family to attend at court on the day as a show of support.

What was the result?
The Magistrate was satisfied that new facts and circumstances existed and that our client had shown cause as to why bail should be granted.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013