Bail Application – Threats to Kill

Bail ApplicationThis is a case of bail application for Threats to Kill and other charges.

Our client was charged with a series of offences classified as family violence. The charges are listed in the committal stream and will ultimately be heard in the County Court.

The most serious charge is Aggravated Burglary. It is alleged that our client attended at the home of his former partner, broke in, and threatened her while carrying a weapon and while a child was present. Further to this charge, our client is facing charges for breaching a family violence intervention order that was in place and threatening to kill his former partner.

Our client was held in custody for a bit over a month before we ran a successful bail application. We acted on his behalf at the Melbourne Magistrates’ Court for the charge of Threats to Kill.

The client was in a ‘show cause’ position on the bail application. This means that the obligation is with the defence to demonstrate why our client should not be held in custody while his charges are dealt with.

The prosecution alleged that if he were to be released on custody, he would pose an unacceptable risk of re-offending against his former partner. This was not a case where robust arguments could be made about the prosecution case. On the evidence currently at hand, the prosecution case against our client could only be described as strong. This presents a challenge in persuading the court to grant our client’s bail application for Threats to Kill and other charges.

Instead, the focus was on establishing that the risk of further offending against the former partner could be sufficiently managed in the community. In his favour, our client was 36 years of age who, before this period on remand, had never been in custody. He has a limited criminal history and no priors for failing to appear on bail.

At the hearing, we called evidence from our client’s uncle. The uncle was willing to provide a stable address in a different suburb to the former partner. Further, the uncle was able to provide full time employment in the businesses he runs.

Our client was dealing with significant drug abuse issues at the time of the alleged offending. It was clear that he needed support to stay away from drugs and to reduce the risk of getting into trouble again. To address that point, we had arranged for our client to be assessed by the Court Integrated Services Program (CISP) to link him in with drug counselling. We also made an appointment for our client with the Victorian Aboriginal Health Service.

Our client identifies as Koori and this service will be able to provide him with relevant and targeted supports. The client’s uncle gave evidence at the hearing that he will allow flexibility with work so that the client can get to appointments; and that he will drive the client to appointments himself.

We proposed comprehensive conditions including abstaining from alcohol and drugs and abiding by a curfew and exclusion zone. Ultimately, the court was satisfied that cause had been shown and that the risks alleged by the prosecution could be appropriately managed in the community. The bail application for Threats to Kill and other charges was successful.

Our client is now reunited with his extended family in the community and is able to engage in meaningful rehabilitation before his court matters finalise.


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 14/08/2017