Bail Application – Family Violence Whilst on Community Corrections Order

This is a case study that involves bail application, family violence, and Community Corrections Order (CCO). The CCO sentence is for another family violence against a different victim.

What is alleged to have occured?
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.

The circumstances make it a complex case of bail application for family violence whilst on a community correction order.

What happened at court?
The exact charges were Intentionally Cause Injury, Recklessly Cause Injury, and Unlawful Assault. We acted on the client’s behalf at the Sunshine Magistrates’ Court.

After receiving interview advice from us, the client was remanded overnight in the cells and met with us 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, we were able to demonstrate to the court that the client should not be remanded in custody.

What was the result?
Ultimately, it turned out to be a successful bail application for a case of family violence whilst on a Community Corrections Order. We were 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.
Related case studies
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