Driving with a disqualified licence (case study)
Our client was facing charges of driving with a disqualified licence. On appeal, he was placed on a good behaviour bond for two years without conviction.
DetailsDUI appeal (case study)
Our client was facing serious DUI charges. On appeal he was able to avoid imprisonment despite the serious nature of the charges against him.
DetailsWhat does ‘surety’ mean in a bail application?
What does it mean to be a ‘surety’ in a bail application? Since the introduction of tougher bail laws in 2015, bail applications have become increasingly important. We take a look at the tests courts must apply in making bail decisions, and case studies that illustrate how bail applications work. Firstly, what is bail? Bail…
DetailsDo you get bail money back? A how to guide
When bail is granted to an accused, there are often conditions that are placed on the bail undertaking. One of these conditions is the deposit of a sum of money or security. The typical form of security is property. This article details how to get your bail money or security back. The bail money or…
DetailsIn custody before trial: Bail considerations
How is the length of time in custody before trial relevant to bail? We explore this issue in the context of a case study. Case study: R v Boyd [2015] NSWSC 1065 What happened in this matter? Boyd was accused of retaliating against the victim in this matter, Mr Wilson-Hore. In the morning of…
DetailsBail refusal (case study)
Our client was charged with serious offences and bail refused at the Local Court. To get bail we had to lodge a Supreme Court bail application.
DetailsWeekend bail application (case study)
Case facts Our client was charged with two counts of aggravated sexual assault against a child under the age of 10 – his son. He was refused police bail and had to appear before the Parramatta weekend bail court. His family were frantic and they called numerous local lawyers at midnight to no avail. They contacted…
DetailsBail application granted on drug supply charges (case study)
Client arrested after supplying cocaine to an undercover police officer. A raid on the client’s unit then uncovered a significant amount of drugs and money.
DetailsSupreme Court Bail Applications under the Bail Act
What are some examples of the Supreme Court granting bail under the Bail Act? Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 What were the facts of this case? On 1 October 2014, Tony Mawad was arrested and refused bail. Mr. Mawad was charged with two counts of armed robbery and a…
DetailsSection 10 NSW
OverviewCase StudiesOverview What is section 10? Section 10 orders are a criminal penalty that can be imposed by a magistrate or judge during sentencing. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find the accused guilty of an offence without recording a criminal conviction. These orders can be made with or without…
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