Bail Application Lawyer

The Incident

The client was charged with several serious offenses, including choking, assault causing grievous bodily harm (GBH), intimidation, and common assault. Following his arrest, he was initially refused bail by the NSW Police and remained in custody after a failed release application made by his previous legal representatives.

Legal Action Taken

Upon being instructed, BL took an aggressive approach to the evidence by subpoenaing the complainant’s medical records from two hospitals, her GP history, Medicare files, and police records. Despite objections from the subpoenaed parties, we successfully argued for the production of all materials. This evidence revealed a lack of injuries substantiating the GBH charge and uncovered the complainant’s own criminal history involving domestic violence. We subsequently filed a fresh release application, arguing that this new material constituted a significant change in circumstances.

Additionally, when NSW Police refused to return the client’s phone, which was critical to his role as a director of multiple companies, we filed a court application to compel its return and sought a costs order against the police.

Outcome

The Court granted the client bail, noting that the new evidence raised serious concerns regarding the strength of the Crown’s case and supported a strong argument for self-defence. The Magistrate even commented that the complainant appeared to have been motivated by a “green-eyed monster” of jealousy. Following this success, the court also ordered the police to return the client’s phone and ordered the NSW Police to pay the client’s legal costs for that specific application.

The Incident

The client was charged with multiple serious sexual assault offences, including sexual intercourse without consent and sexually touching a person without consent. These allegations were reported to have occurred within the family home in the context of a domestic relationship. Following his arrest, the client was refused bail while represented by his initial legal team.

Legal Action Taken

After being retained, BL focused on a comprehensive strategy to secure the client’s release. We coordinated his entry into a residential rehabilitation program and prepared detailed affidavits to support a new bail application. Crucially, our team obtained witness statements that directly challenged and significantly weakened the strength of the Crown’s case. This new evidence provided the necessary grounds to overcome the legal restrictions on making a subsequent release application. Following his release, we continued our advocacy by filing applications to vary the Apprehended Domestic Violence Order (ADVO) and his existing bail conditions.

Outcome

The Court accepted that the fresh material constituted a change in circumstances and granted the client bail. Furthermore, our subsequent applications were successful, resulting in variations that allowed the client to return to his family home and be reunited with his wife and child.

The Incident

The client was charged with two counts of aggravated break and enter, one count of take and detain, and additional charges of break and enter and assault. These charges arose from two separate incidents. Given the nature of the allegations, the client faced a strong Crown case and a significant likelihood of receiving a sentence of full-time custody.

Legal Action Taken

Blaxland Law facilitated the client’s admission into a full-time residential rehabilitation facility to provide a structured alternative to remand. We then brought a bail application in the Local Court, strategically highlighting ongoing charge negotiations. We argued that these negotiations were likely to result in the withdrawal of the most serious charges and that the “quasi-custody” provided by the rehabilitation program would ensure the client remained supervised while potentially achieving a “time served” outcome by the conclusion of her treatment.

Outcome

Despite the seriousness of the charges, the Court was persuaded by our strategy and granted bail. This allowed the client to enter residential rehabilitation immediately, positioning her to resolve her legal matters while receiving necessary support, with the goal of avoiding further full-time imprisonment at the final sentencing.

The Incident

The client was charged with importing a large commercial quantity of methamphetamine, an extremely serious federal offence that carries a maximum penalty of life imprisonment. The client remained in custody facing a lengthy period on remand while awaiting his trial date.

Legal Action Taken

Blaxland Law prepared a comprehensive bail application focused on the client’s personal circumstances and rehabilitation prospects. We presented evidence of the client’s long-standing drug issues and highlighted that, despite a significant escalation in the alleged offending, he had no prior serious criminal history. By demonstrating his strong community ties and the support available to him, we successfully argued that he should be permitted to wait for his trial while participating in a full-time residential rehabilitation program rather than in a correctional centre.

Outcome

The Court was persuaded by our submissions and granted the client bail. This allowed the client to transition from custody into a high-level residential treatment facility, ensuring he could address his underlying issues while his legal team continued to prepare his defence for the upcoming trial.