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Our 48-year-old client was charged with Attempted Murder.
It was alleged by Police that he had deliberately driven his motor vehicle at speed into a wooden power pole in an attempt to murder his daughter who, at the time, was a passenger in the front seat of the vehicle.
It was alleged by Police that our client deliberately manoeuvred the vehicle into the power pole and that he, at that time, held the requisite intention to murder his daughter.
At the scene of the crash, our client indicated to police that he had lost control of the vehicle. A statement was taken from the alleged victim, detailing that our client had allegedly made remarks to her whilst they had an argument in the car moments before the collision. She further alleged that our client had deliberately unbuckled her seatbelt immediately prior to the collision. The Police also obtained several witness statements by individuals who saw our clients’ vehicle veer into the power pole.
Our client was bail refused by Police upon his arrest.
After serving a period of two months in custody, his family approached the team at CDLA and spoke to our senior associate criminal defence lawyer Fouad Awada. Mr. Awada prepared for and lodged a Local Court Bail Application on his behalf in an attempt to have him released. Normally, Local Court Bail Applications involving a charge of Attempted Murder cause it the task of successfully getting bail extremely difficult, especially given the seriousness of the charge.
Mr. Awada meticulously prepared a strong bail application for our client. Our client appeared before the Penrith Local Court in respect of his bail application.
Our preparation went beyond the allegations made by Police, and we tendered to the Court a number of materials relevant to the Bail Application, including signed Affidavits from a number of individuals who knew our client, a list of persuasive proposed bail conditions our client was willing to abide by, extracts from the evidence that had been served upon us by police demonstrating and highlighting key deficiencies in the Police case, and key Supreme Court case law in support of the application.
Detailed and lengthy oral submissions were made by our lawyer Mr. Awada to the Magistrate in court in respect of:
- The deficiencies and weaknesses in the Police evidence against our client;
- The impact that the COVID-19 epidemic will have on our client;
- The strength of the proposed bail conditions, and how these will mitigate any risk or concern the court may have in considering our clients’ release; and
- Other factors relevant to our client personally.
Whilst the Court was initially hesitant in granting bail, our submissions ultimately persuaded the court, on the balance of probabilities, that we had shown cause as to why our clients’ incarceration was not justified, and we satisfied the Court that stringent bail conditions would appropriately mitigate any risk or concern.
Our client was granted conditional bail for attempted murder in the Penrith local court. Being granted bail in the Local Court for an Attempted Murder charge is extremely rare. However, it was Mr. Awada’s thorough and comprehensive preparation of his Bail Application that ultimately satisfied the court that bail should be granted.
Getting bail in the local court also avoided the extra costs and stress of making a Supreme Court Bail Application in this case.
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