This is an actual case of bail application for Theft of Motor Vehicle with a client in a show cause position.
What is alleged to have occured?
Our client was involved in a number of burglaries and other property offences over a period of time. This had culminated in a serious incident involving theft of a motor vehicle, where it was alleged that the client evaded police for a period of time while driving the stolen motor vehicle. The client’s co-offender was shot by the police during the incident and is now deceased. When the client applied for bail at the first court mention after his arrest, he was refused bail by the magistrate.
The client then applied for bail a second time with a positive assessment from the Court Integrated Services Program (CISP) in Sunshine amounting to new facts and circumstances. It was strongly opposed by the police and our client was in a show cause position because he was alleged to have committed an indictable offence whilst at large. Police also alleged that there is unacceptable risk that the client would continue to offend if granted bail.
What happened at court?
Sophie Parsons represented the client at the Sunshine Magistrates’ Court during the bail application. The charges involved were:
The client was ultimately granted bail by the magistrate on the second occasion with a number of conditions.
This was a good outcome, especially considering that the police opposed the bail application for theft of motor of vehicle and other charges due to allegations of unacceptable risk of reoffending.
What is alleged to have occured?
Our client was involved in a number of burglaries and other property offences over a period of time. This had culminated in a serious incident involving theft of a motor vehicle, where it was alleged that the client evaded police for a period of time while driving the stolen motor vehicle. The client’s co-offender was shot by the police during the incident and is now deceased. When the client applied for bail at the first court mention after his arrest, he was refused bail by the magistrate.
The client then applied for bail a second time with a positive assessment from the Court Integrated Services Program (CISP) in Sunshine amounting to new facts and circumstances. It was strongly opposed by the police and our client was in a show cause position because he was alleged to have committed an indictable offence whilst at large. Police also alleged that there is unacceptable risk that the client would continue to offend if granted bail.
What happened at court?
Sophie Parsons represented the client at the Sunshine Magistrates’ Court during the bail application. The charges involved were:
- Burglary
- Theft of Motor Vehicle
- Dangerous Driving
- Reckless Conduct Endangering Life
- Handle Stolen Goods
The client was ultimately granted bail by the magistrate on the second occasion with a number of conditions.
This was a good outcome, especially considering that the police opposed the bail application for theft of motor of vehicle and other charges due to allegations of unacceptable risk of reoffending.
Sophie Parsons
Sophie is based in the firm’s Melbourne office and is one of the firm’s in-house counsel and trial specialists. As a trial lawyer, Sophie’s expertise lies in examining witnesses, making legal submissions before judges and magistrates, and addressing juries.Sophie is an advocate who regularly appears at the Magistrates’ and County Courts of Victoria. She handles appeals, contested committal hearings, bail applications, as well as pleas of guilty.
View Sophie Parsons’ profile.
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 28/02/2017
