Bail, Aggravated Burglary, Armed Robbery, Theft
The client was with a friend at a pub. They were talking about how a local drug dealer had made them look stupid. After several drinks they decided to pay him a visit.
They arrived at his house at 1 am. Unsurprisingly the victim didn’t open his door, so the accused and co-accused decided to break in through the window. Upon entering the premises they attacked the victim, and took his money and his cannabis. They were caught soon after and remanded in custody.
The following day we applied for bail on behalf of our client. The client was in a ‘show cause’ position, i.e. we had to show cause as to why he should be released. The prosecution alleged that there was an unacceptable risk of the accused interfering with witnesses and committing further offences, given his addiction to drugs.
Prior to running the bail application we contacted the client’s sister. This was to ensure that an alternative bail address was available that would take the client out of the immediate vicinity of the accused.
We also consented to an intervention order, providing the victim with some protection from the client. Finally, we obtained a character reference from his current partner highlighting how out of character this type of offence was for the client.
The Magistrate found that, taking into account the client’s lack of relevant criminal history, the alternative bail address and the character evidence, the defendant had shown cause why he should be released.