Bail hearing - Bail application example from 2018 PDF

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Bail application example from 2018...

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May it please the court my name is _______, I am a solicitor with Young and Everton solicitors and I am representing my client Mrs Vintock. This is a release application seeking conditional bail for Mrs Vintock.

Your Honour Mrs Vintock was charged with an offence under s33 (1) of the Crimes Act 1900 (NSW).

Your Honour this is a show cause offence under s16B (1) (c) of the Bail Act 2013(NSW) as Mrs Vintock is being charged with an alleged infliction of grievous bodily harm, furthermore the she has previously been convicted of a serious personal violence offence.

Your Honour I would like to submit that Mrs Vintock’s detention is not justified, she is the primary care giver of her two children who are under the age of 5. Your Honour due Mrs Vintock’s children being at such young age, her detention will adversely affect their wellbeing.

Moreover your Honour it is my submission that the prosecution does not have a very strong case as the medical procedure that led to Mrs Olaf’s injury was commonly practiced between the two and as my client informed me she did not intend to cause any injuries to Mrs Olaf. Furthermore, elements of mens rea with regards to intent will be contested at the trail.

Your Honour I do concede that if Mrs Vintock is convicted with the offence she is charged with that it would carry a custodial sentence but it is my submission that placing her on remand would hinder her right to presumption as to innocent until proven guilty and also limit her ability to properly prepare for her defence.

Your Honour based on these facts I would like to again emphasise that Mrs Vintock’s detention is not justified.

With the court’s permission I would like to address any bail concerns as stated in S17 of The Bail Act and furthermore I would like to submit that Mrs Vintock will not pose any unacceptable risks if she is granted bail and that any bail concern may properly be addressed with bail conditions. With regards to the first bail concern

Failure to appear:

Your Honour it is my submission that Mrs Vintock has complied with all her sentencing requirement with regards to her prior conviction and this bail concern would not pose any unacceptable risk If your Honour still has any concern with this matter a Security Requirement can be included as a bail condition. Mrs Vintock’s parents have offered to provide security for up to the amount of $50,000 if required. Therefore, this would not pose any unacceptable risk. Commit a serious offence:

Your Honour note that Mrs Vintock does not have an extensive criminal history, she only has one prior conviction which was approximately a decade ago, since the conviction she had complied with all the sentencing requirements and she is now a registered nurse and a contributing member of the society. Therefore, this would not pose any unacceptable risk.

Endangering the safety of victims or the community: Your Honour please note that Mrs Vintock is not a violent person and as a registered nurse and a mother she is a contributing member of the society, nevertheless in order to appropriately address this bail concern it is my submission that Mrs Vintock can take a leave from her place of employment and further more do not contact Mrs Olaf in any shape or form until such date that it is suggested by the court as a conduct requirement. It is my submission your Honour that there is no unacceptable risk with regards to this matter.

Threaten witnesses or destroy evidence:

Your Honour as Mrs Olaf is the only other witness to this matter the previously suggested conduct requirement can effectively address this bail concern. Therefor it is my submission that there are no unacceptable risks with regards to this matter....