Bail Application – Theft of Motor Vehicle

This is a case study on a bail application for theft of a motor vehicle at the Sunshine Magistrates’ Court, where bail was granted despite strong police opposition.

What is alleged to have occurred?

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

What was the result?

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.