Bail Application for Aggravated Burglary and Other Charges

This is a case study on bail application for Aggravated Burglary and other charges.

What is alleged to have occured?
Our client had been charged with Aggravated Burglary, False Imprisonment, and two counts of Kidnapping. The charges covered three alleged incidents.

In the first incident, it was alleged that the client had entered the complainant’s house without permission, assaulted the occupant, tied him up with gaffer tape, and put his head in a pillow case, before stealing items from the complainant’s house. There was a CCTV footage of the incident and the client had admitted to the incident in his interview with the police stating that he had ‘no regrets’ about it.

The second and third incidents related to two alleged kidnappings. In the third incident, the client had allegedly punched the complainant unconscious, loaded the complainant into a car, and then driven the complainant to a house where he and the co-accused made demands and assaulted him over a number of hours. The client and the co-accused were allegedly in possession of a handgun and spears during the kidnapping.

Following the incidents the police had conducted a search at the client’s address and a number of stolen items were recovered as well as a loaded shotgun. The prosecution case in relation to incidents two and three was strong, with there being CCTV and a number of witness statements in relation to the incidents.

What happened at court?
We applied for bail and acted on the client’s behalf at the Melbourne Magistrates’ Court. The charges involved were:

The police informant was cross-examined. Evidence was called from the client’s sister and mother, and a surety was organised.

What was the result?
Following submissions, the bail application for Aggravated Burglary and all other charges were 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 24/11/2017