In Victoria, the charge of Commit an Indicatable Offence Whilst on Bail is in section 30B of the Bail Act 1977. It occurs if you are charged (and found guilty of) an offence that has a maximum penalty of more than 2 years’ imprisonment whilst already on bail for other offences.
Have you been accused of this offence? You must be aware that the Police may make an application to revoke your existing bail if you are accused of committing an indictable offence. Our lawyers will prepare to re-apply for bail on your behalf by:
Have you been accused of this offence? You must be aware that the Police may make an application to revoke your existing bail if you are accused of committing an indictable offence. Our lawyers will prepare to re-apply for bail on your behalf by:
- Discuss organising a surety,
- Gather material to show the Court you are working while on bail,
- Organise witnesses to attend Court.
Police interview
If you are on bail and the Police want to interview you in relation to another offence, you should contact one of our lawyers before you participate in a Police interview. Our lawyers can advise you how to deal with the new allegations and prepare for a bail application.We can answer your important questions such as: should I make a statement to Police? Should I attend a Police interview? Will the Police leave me alone if I explain my side of the story? Will I be remanded?
You must know that the Police have normally made up their mind to charge you before the Police interview.
Our lawyers can also be ready to re-apply for bail for you.
Pleading not guilty
Our experienced lawyers can defend you against the new allegations. We have long experience in dealing with charges such as this and can explain to you how this process would work.Pleading guilty
If you decide to plead guilty or are found guilty of the new indictable charges, you will be automatically found guilty of Committing an Indictable Offence Whilst on Bail.We can prepare a plea strategy for you for all offences. It is always best to conduct one plea of guilty to all charges in one Court to avoid receiving more than one penalty.
Sentencing
Sentencing in the higher courts of Victoria
Sentencing in the Magistrates’ Courts of Victoria
Which court will the case be heard in?
This offence is usually dealt with in the Magistrates’ Court.What is the legal definition of Offence to Commit an Indictable Offence Whilst on Bail?
An indictable offence is a serious offence which attracts a penalty of more than 2 years in gaol. These offences can be found in the Crimes Act.- Being charged with armed robbery while on bail for other offences
- Being charged with trafficking while on bail for other offences
- Being charged with theft while on bail for other offences
Elements of the offence
To be found guilty of this offence, the prosecution must prove that the accused was on bail and that the accused committed an indictable offence during such time. These two (2) elements need to be established beyond reasonable doubt.Legislation
This offence is governed by section 30B of the Bail Act 1977.Defences
Factual error and impossibility are defences to a charge of committing an indictable offence whilst on bail.Questions in cases like this
- Were you on bail at the relevant time?
- Did you commit an indictable offence?
- What evidence do the Police to support the indictable offences?
Maximum penalty for section 30B of the Bail Act 1977
The maximum penalty for Offence to Commit an Indictable Offence Whilst on Bail (s30B of the Bail Act 1977) is a fine of 30 penalty units or imprisonment for 3 months.Case studies related to Offence to Commit an Indictable Offence Whilst on Bail
- Bail Application – Arson Whilst on CCO for Similar Offences
- Exceptional Circumstances in a Contested Bail Application
- Theft of Motor Vehicle and Commit Indictable Offence Whilst on Bail
- Breach Intervention Order Whilst On Bail
