MLL218 Criminal Law: Bail Application for Mr. Will - Legal Analysis

This assignment presents a detailed analysis of a bail application for Mr. Will, who is charged with intentionally causing serious injury. The document meticulously examines the relevant provisions of the Bail Act 1977 (Vic), particularly sections 1B, 8, 5AAA, 4C, 30A and 30B. It explores the conditions of bail, the circumstances of the alleged offense, and the defendant's criminal history. The application argues for bail, citing the defendant's role as the sole earner for his family and the victim's support. It addresses potential bail concerns, such as the risk of further offenses, and proposes conditions to mitigate these risks. The document also references the case of Renate Mokbel v DPP [2006] to support the arguments presented. The assignment highlights the compelling reasons for bail, including family circumstances and the potential consequences of detention, and concludes with a summary of the key submissions made in favor of Mr. Will's bail application.

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the Student:
Name of the University:
Author Note:

1CRIMINAL LAW
Application for Bail
BY
In favor of Mr. Will

2CRIMINAL LAW
This is an application of which is being made in relation to Mr Will.
The provision of bail has been provided under section 1B of the Bail Act 1977 (Vic)1. Bail is the
process by which a person, who was arrested, was released from custody on agreeing on certain
terms and conditions as laid by the Court.
The bail is to be refused by the bail authority unless the accused person is able to depict why the
detention is unjustified.
The bail decision has to be made by the bail authority where the accused person can show that
his or her detention is unjustified.
The application of bail for Mr. Will has to be made under section 8 of the Bail Act 1977 (Vic). It
must be noted here that the offender is accused of an indictable offence.
Conditions which may be applied by the court under the provisions of section 5 AAA of the
Bail Act 1977 (Vic)
The general conditions that are to be followed by the accused after being released on bail have
been given under section 5AAA of the act.
Those are not contacting or communicating with the victim or witnesses, attending treatment for
drug or alcohol, living at a specified address. The accused may also require reporting to the
police station regularly. He must surrender his passport and curfew. If all the conditions
mentioned under section 5AAA are not followed, the police may make application to the court to
cancel the bail and return the accused back to custody. It was observed in the case of Renate
Mokbel v DPP [2006]2.
1 Bail Act 1977 (Vic).
2 Renate Mokbel v DPP [2006].

3CRIMINAL LAW
The condition may be imposed if it is required to address a bail concern.
The bail condition is proportionate and reasonable in terms of the offence.
There are reasonable grounds to believe that the applicant will comply with the bail conditions.
Will was charged with intentionally causing serious injury in contradiction of section 16 of the
Crimes Act 1958 (Vic)3.
Any person who has committed the offence of intentionally causing serious injury to another
person is guilty of an indictable offence. Hence, Will in this case had committed indictable
offence.
The victim in this case was Mia with whom Will was in a defacto relation for the last seven
years. They had a child also. He was accused of causing injury to Mia by breaking a wine glass
on her face at the bar. Due to this, Mia was taken to the hospital where she was given 25 stitches
on her face and she also lost vision of her left eye. She also had a permanent 7 cm scar on her
face.
The accused person has a background of criminal history as Will was previously convicted for
unlawful assault. The victim of such conviction case was again his wife.
Though Will is seeking bail for this offence, he is presently on bail for an alleged burglary
offence which he committed three weeks before.
An accused on bail must not contravene with any conditions of bail without any reasonable
excuse as per section 30A else his bail will be forfeited as per the leading case of Renate Mokbel
v DPP [2006] VSC 4874.
3 The Crimes Act 1958 (Vic).
4 Renate Mokbel v DPP [2006] VSC 487.

4CRIMINAL LAW
Mr Will has breached the terms of the bail given to him for the offence of burglary as per section
30B. In that incident that occurred several houses from his house, in relation to which it is
alleged that he stole a small amount of cash of 400 $. The reason behind this can be immediate
need of money. For this, the court may declare his bail to be forfeited and may order the amount
undertaken by the surety to be paid.
A fresh application for bail for his current offence of intentionally causing serious injury must be
made by stating that he has some compelling reason under section 4C of the Bail Act 1977.
He is the sole earner of his family. The income derived from his plumber job is used for their
livelihood.
If he does not get bail, he will not be able to continue to work due to which he will lose his job.
Mia, the victim of the case also supports his application of bail.
Though Police was investigating on the matter of a suspicious bruising on their child which was
reported 10 days ago that they were caused by Will, but Mia supported his husband by saying
that the cuts and bruises were caused as the child fell down. It is universally accepted that mother
thinks best for her child. No one can care a child more than her mother. Thus when the mother
was assuring, the fact of falling down of the child is unlikely to be false.
Mia also stated that he had high pressure for which may be he is in temper. It is a genyine
presumption that a person having high pressure is more likely to have temper as compared to
others who have normal blood pressure.
She has confirmed his good character and stated that though he has temper but deep down, he is
a loving partner and is a dad. Thus the mother affirms his love and care towards them. His act of

5CRIMINAL LAW
causing injury can be treated as a result of loss of temper. If Will is kept under supervision and
treatment of a doctor, his problem of blood pressure can be checked, thus uprooting the main
cause behind his committing offences.
She also added that without him, she and her son cannot survive. The reason behind it is without
his income, she would have no money to support her or her child.
Though police argues that grant of bail will cause an unacceptable risk he would commit further
offences, it can be ensured that no offence to be committed by him by imposing condition of
securing heavy penalty on him for violating such condition.
If bail is refused, the mother and the child may die out of hunger as there was no one to feed
them.
If Your Honour has no further questions, that completes my submissions.