Bail Application – Family Violence and Offences Against Police

This is a case study on bail application for family violence and offences against the police. Our client was charged with over 20 offences involving family violence, firearms charges, and offences against the police. He lives in the country on an isolated rural property with his wife and children.

What is alleged to have occured?
It was alleged that our client consumed alcohol and drugs and became aggressive at the home one evening. What followed was an episode of serious offending where our client threatened his family with the firearms and damaged property. He became involved in a stand off with the police and threatened to shoot the officers before his ultimate arrest. Our client was remanded in custody following arrest and we made a successful application for bail.

We acted on the the client’s behalf at the Latrobe Valley Magistrates’ Court on the following charges:

The allegations against our client were very serious, particularly given that they involved firearms and family violence. Our client is a middle-aged man with no criminal history. He did however present with substance abuse issues and mental health concerns.

What happened at court?
While in custody, we arranged for a forensic psychologist to attend to our client for an assessment and to prepare a report. The report was very useful in that it identified the kind of support and professional treatment needed by our client. Intensive drug and alcohol rehabilitation, ideally with a stay in a residential facility, was recommended. Obviously, our client was not going to receive comprehensive treatment while in custody.

We also arranged for our client to be assessed by a rehabilitation facility while in custody. He was found suitable and the clinic agreed to accept our client should the bail application for family violence and offences against the police be granted.

Despite the alleged offending, our client still enjoyed the strong support of family who were willing to help him on release from custody to engage with whatever help was needed. With these crucial supports in place, we listed a bail application.

Our client was in a show cause position because of the particular charges against him. This meant that the burden was on us to demonstrate why our client should be released from custody on bail. To do this, we relied on the psychological report, the availability of a bed at the residential clinic, and family support among other matters. At the request of the court, we arranged for the manager of the clinic to give evidence on the bail application about the program offered at the clinic and the supervision that would be put in place. We argued that the risk of reoffending was closely linked to our client’s use of substances and this could and should be appropriately addressed by a period of time spent in a residential clinic where he would be closely monitored.

What was the result?
Ultimately, the magistrate was satisfied that our client had shown cause and the bail application for family violence and offences against the police was granted with comprehensive conditions.

The matter has since resolved to a plea of guilty. One of the key benefits of being on bail is that when we get to the plea hearing, our client will be able to rely on all the good work he has done in rehabilitation and the court will take this into account in determining the appropriate sentence.

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 27/11/2017