Bail Application – Family Violence Whilst on Community Corrections Order

Person HandcuffedThis is a case study involving a bail application for family violence whilst on a Community Corrections Order for another family violence against a different victim.

The exact charges were Intentionally Cause Injury, Recklessly Cause Injury, and Unlawful Assault. Alex Turner acted on the client’s behalf at the Sunshine Magistrates’ Court.

The police was making an application to remand our client into custody following an allegation of family violence whereby our client was alleged to have broken his partner’s nose. The client has been in a lot of trouble with the police previously for the same type of offending and the client’s bail prospects did not look good.

After receiving interview advice from Alex Turner, the client was remanded overnight in the cells and met with Alex first thing in the cells the next morning at Sunshine Magistrates’ Court. Through cross examination of the police officer who had charged our client and by making necessary arrangements for accommodation etc., as well as calling evidence on behalf of the client, Alex was able to demonstrate to the court that the client should not be remanded in custody.

Ultimately, it turned out to be a successful bail application for a case of family violence whilst on a Community Corrections Order. Alex was able to get the client bail when they otherwise might not have been granted bail.

 

Elements of Intentionally Cause Injury:

  • The complainant suffered an “injury”.
  • The accused caused the complainant’s injury.
  • The accused intended to cause injury.
  • The accused acted without lawful justification or excuse.

 
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Alex TurnerAlex Turner

Alex was admitted to practice in 2016 and has since been practising exclusively in criminal defence law. He is an experienced solicitor advocate who handles criminal cases at any Victorian court.

Alex ensures that his clients understand the law that applies to their circumstances. He helps them make sound decisions geared to achieving the best possible result in court.

Check out Alex's profile to know more about him.
 


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 05/04/2019