Bail Application for Armed Robbery

This is a case study on a successful bail application for armed robbery.

What is alleged to have occured?
Our client was charged with Armed Robbery and Attempted Armed Robbery. He was remanded into custody following his arrest on these charges and we proceeded with a bail application on the same day, which was ultimately successful.

What happened at court?
We represented the client at the Melbourne Magistrates’ Court.

Our client was in a ‘show cause’ position in regards to bail. Our task was to ‘show cause’ as to why our client’s continued detention in custody was not justified. An application for bail is largely about risk. In this case, the prosecution alleged that our client was an unacceptable risk of further offending if released back into the community. They alleged that the offending before the court was connected to drug use and that there was a risk our client would continue to use drugs and offend again. Our client also had a prior for drug trafficking, though none for armed robbery or violence.

To show cause, we needed to satisfy the court that the risk of our client further offending could be acceptably managed in the community. We needed to demonstrate that there were meaningful supports in place. On this issue, we were able to arrange a bed for our client at a private residential rehabilitation facility and advised the court of same. This was crucial in convincing the court to grant bail.

Further, the client was supported by his family at court. We called evidence from family members to confirm that following residential rehabilitation, the client could move home and live with them, and that he would have a full time job available to him in his brother’s business. We were also able to demonstrate some real weaknesses in the prosecution case through our cross-examination of the informant.

What was the result?
Ultimately the court was satisfied that we had shown cause and that through the supports available, any risk of further offending could be reduced to an acceptable level. Our client was granted bail and was admitted that same day into the residential rehabilitation facility.

This successful result has benefits beyond the bail application. This matter will likely resolve into a plea of guilty in relation to negotiated charges. If the client successfully completes rehabilitation and engages with his family, he will be able to rely on that progress in relation to sentencing. Statistics show that a demonstrated effort at rehabilitation can result in lower penalties.

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 30/08/2016