University Criminal Law: Bail Application for Mr. Bita

This assignment presents a bail application prepared by a student, representing Mr. Bita, who is charged with wounding and inflicting bodily injury. The application seeks unconditional bail, emphasizing Mr. Bita's remorse, compliance with parole conditions, and lack of threat to society. The student solicitor argues that Mr. Bita's actions were due to intoxication and not a conscious decision, highlighting his rehabilitation efforts, including counseling and enrollment in university. The application references the Bail Act 2013 (NSW), citing sections related to youth, mental health, and the strength of the prosecution's case. It addresses potential bail concerns, offering guarantees of compliance with court orders, and proposes conditions such as character acknowledgements from lecturers and restrictions on contact with the victim. The student argues that Mr. Bita is not an unacceptable risk and should be released with or without bail conditions.

BAIL 1
BAIL APPLICATION
Student`s Name
Course Name
Professor`s Name
Institutional Name
25th April, 2019

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 3
To address any bail concerns I can guarantee that my client with comply with all the bail orders.
Including appearing in court at the specified time that you shall choose in accordance to the
bails concern of s17(a) (Bail Act 2013, No 26).Moreover he has so far complied to his parole
orders contrary to the s18(f) which requires issues of non-compliance with bail and parole orders
to be considered . Neither does he have any criminal ties despite his criminal history being
daunting my client has paid his dues by serving a two year sentence for a crime committed
under intoxication contrary to the conditions of s18(g) of the Act (Bail Act 2013 No 26). If the
court however wishes to address this concern as per s20 (A) (2) of the Act it can impose a
condition under s26 of the Bail Act 2013 that will require my client to provide an acceptable
security.
My client cannot endanger the safety of victims, individuals or the community according to the
bill concerns of s17(c) of the Bail Act 2013. His recent deeds that include volunteering in the
local bush center portray his respect and ability to interact with the community in an amicable
way. Therefore he is not an unacceptable risk.
I would also like to disclaim any bail concerns under s17 (b) of the Act that my client might
engage in any serious offences while on bail. If the court would like to be thorough it can
institute any conditions, it can do so under s29(c) (Bail Act 2013) which requires character
acknowledgements .It will be provided by two of his lectures. In any case he has ceased he is not
an unacceptable risk your honour.
Mr. Bett does not any history with manipulation of evidence and I can guarantee is not likely to
interfere with any evidence or witness. The victim is also a student at the university, so to control
this factor. The court can institute an order that prohibits my client from meeting, talking or

BAIL 4
going within any distance of the victim`s reach. This cannot be considered as an unacceptable
risk and my client should be released under section 20 with or without bail conditions or without
bail.

BAIL 5
References
Legislations
Bail Act 2013 No 26, s17.Available at https://www.legislation.nsw.gov.au?view/act/2013/26
[Accessed 25th April, 2019]
Bail Act 2013 No 26, s18.Available at https://www.legislation.nsw.gov.au?view/act/2013/26
[Accessed 25th April, 2019]
Bail Act 2013 No 26, s20A.Available at https://www.legislation.nsw.gov.au?view/act/2013/26
[Accessed 25th April, 2019]
Crimes Act 1900, s35 (i). Available at https://www.legislation.nsw.gov.au/#/view/act/1900/35