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Bail Application

   

Added on  2022-12-01

5 Pages910 Words141 Views
BAIL 1
BAIL APPLICATION
Student`s Name
Course Name
Professor`s Name
Institutional Name
25th April, 2019
Bail Application_1
BAIL 2
“May it please the court, my name is Kimeu, K I M E U initial R, I am a solicitor from Acacia
and waters and I appear for Mr. Bita in this matter. This is a release application. Your honour,
I’m seeking unconditional bail. My client is charge with wounding another person and inflicting
bodily injury and has also been previously convicted under section s35 (2) of the Crimes Act
1900(NWS). Mr. Bita was heavily intoxicated at the time of commission and it should please the
court to know that he did not act with a conscious mind and now, he does not exhibit any
behavior of that kind. Mr. Bita was, however, released on parole and has since exhibited great
responsibility by complying with all the conditions of his parole. Hence, the offence does not
justify any detention since my client has been an apt societal model ever since his release and
does not pose any risk.
My client does not also pose any threat of flight your honour; he has been constrained financially
as he is a university student. So I implore the court to consider the vulnerability of my client
under s18 (i) of the Bail Act 2013 which prescribes a consideration to youth, mental health
impairment and ATSI status. This is because my client, at the age of 26 is still young and his
ambitions have so far been aligned with finishing his university degree.
Your honour the case does not also justify any detention since Mr. Bett did not commit the said
offence willingly your honour, he was simply startled and acted fast leading to the uneventful
injury. Hence the court should consider the weakness of the prosecution case as prescribed by
s18(c) of the Bail Act 2013, which requires bail authorities to look into matters such as the
strength of the prosecution. He does not have any siblings, only a mother whom he loves very
much .All these factors indicate that he is of no risk to the society, considering his financial
situation and his values.
Bail Application_2

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