Bail Application – Arson Whilst on CCO for Similar Offences

This is a case study on a bail application for Arson whilst on CCO for similar offences.
Our client was on a Community Correction Order for Arson charges when it was alleged that he had committed further offences. The new offending resulted in further 5 counts of Arson and Commit Indictable Offence Whilst on Bail.

The client was in the category of bail known as compelling reasons. The prosecution alleged that he was at an unacceptable risk of committing further offences on bail and of endangering the safety of the public.
 

We represented the client at the Sunshine Magistrates’ Court for a bail application.

In order to best prepare for the bail application, wethoroughly prepared the relevant files and conferenced with the client on a number of occasions. Whilst in court, we were able to persuade the magistrate determining the application that the client ought to be assessed for the Court Integrated Services Program (CISP) program. We called upon our connections to arrange an urgent assessment.

Following a favourable assessment, the court granted the client’s bail application for Arson whilst on CCO for similar offences. This was an excellent outcome as the charges were exceptionally serious and would ordinarily not see someone granted bail.
 
Elements of Arson:

  • The accused destroyed or damaged property.
  • The property belonged to another.
  • The accused intended to destroy or damage property.
  • The damage or destruction occurred by fire.
  • The accused intended to damage or destroy the property by fire.
  • The accused intended to damage or destroy the property by fire.
  • The accused did not have a lawful excuse for his or her actions.


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 28/10/2019