How a domestic violence bail application plays out in court in 15 minutes

2 weeks ago 5

The constabulary facts were serious, a magistrate noted.

A Sydney begetter and proprietor of an interior westbound barber store had allegedly assaulted his kid successful beforehand of his wife, with the alleged enactment captured connected CCTV.

A Sydney antheral was granted bail to slumber successful his barber store aft allegedly assaulting his child.

At Parramatta Local Court connected Sunday – a time aft the antheral was arrested, charged with DV battle and taken into custody – helium was granted bail to unrecorded not astatine a home, but wrong his barber store until helium could find alternate accommodation.

Magistrate Sharon Holdsworth noted the offence was dated June 2023 (there was a hold successful it being reported to police) and helium had not offended since, arsenic good arsenic determination being 1 different condemnation connected his grounds – different home unit offence successful 2013.

In granting bail, Holdsworth said the concern code “is unsatisfactory beforehand for galore reasons”, but accepted his lawyer would use to alteration the conditions and alteration the code erstwhile the lawsuit returned to tribunal adjacent week.

The man, who cannot beryllium named for hazard of identifying the child, was the family’s sole breadwinner and needed to work. To mitigate the prosecution’s interest helium whitethorn effort to interaction the kid if granted bail, the magistrate made a information of bail that helium enactment distant and study to constabulary 3 times a week. His lawyer said helium would participate pleas adjacent week.

Bail tribunal is the archetypal halt for defendants who person been deemed by constabulary arsenic excessively precocious hazard to beryllium freed aft being charged.

The full exertion was heard and determined successful 15 minutes.

It was conscionable 1 of dozens of applications heard passim the time successful the 2 bail courtrooms – the archetypal ineligible halt for radical who person been freshly arrested and accused of crimes excessively superior for constabulary to instantly escaped them.

The often-rushed process has precocious been successful the spotlight for tragic reasons. This masthead revealed connected Friday that two weeks earlier Daniel Billings allegedly murdered his 28-year-old erstwhile spouse Molly Ticehurst, it was alleged successful tribunal astatine his bail proceeding connected earlier charges that helium showed the “concerning behaviour” of a home abuser escalating toward “the astir disturbing conclusion”.

Magistrates don’t enactment weekends successful Dubbo, wherever a registrar released Billings connected bail wrong conscionable 12 minutes connected April 6 connected intersexual assault, stalking and carnal cruelty charges.

A magistrate continued Billings’ bail days earlier the alleged murder. Following Ticehurst’s death, NSW Premier Chris Minns announced a reappraisal of bail laws successful NSW to find “whether urgent instrumentality betterment is required”.

Ticehurst’s horrific decease is not comparable to Sunday’s cases.

Molly Ticehurst (left) and her accused killer, Daniel Billings.

However, determination is simply a communal taxable among galore bail applications – determination is small clip for engaged courts to marque decisions.

While each lawsuit has its unsocial challenges, immoderate are much analyzable than others. Magistrate Eve Wynhausen summed the occupation up good erstwhile yet refusing bail for a antheral who had allegedly made threats involving a weapon towards his ex-partner connected Sunday.

His defence lawyer told the tribunal his lawsuit made nary effort to propulsion the weapon astatine his ex-partner and helium simply had the weapon successful his manus erstwhile constabulary arrived. He was devastated astatine their narration ending and threatened to harm himself, not her, helium said.

The Herald has chosen not to sanction the 26-year-old to support his alleged victim’s identity.

The magistrate noted determination were 2 intimidating incidents days apart, 1 involving a weapon, and the risks of endangering the assemblage oregon committing further superior offences were serious.

She refused bail. But she would person liked much accusation to usher her decision, which was made successful a substance of minutes.

“The worldly earlier the tribunal is – and this is understandable arsenic it is simply a bail tribunal – somewhat scanty, some connected the parts of the prosecution and the defence, successful presumption of greater item astir his intelligence health,” Wynhausen said.

“The spot of the prosecution lawsuit – arsenic is usually the lawsuit successful these types of matters – is hard to foretell astatine this stage.”

Samir Karnib, main solicitor of Karnib Law Group, witnesses regular the unit defence ineligible teams and prosecutors look successful rapidly preparing for bail submissions and accepts clip restraints tin beryllium pugnacious connected judicial officers faced with constricted information.

The high-profile lawyer regularly answers astonishment calls successful the mediate of the nighttime from radical who person conscionable been arrested and request him successful tribunal arsenic aboriginal arsenic the precise adjacent morning. He has the enactment to hold applying for bail and walk a fewer much days gathering information, but his clients are keen to beryllium freed.

“The challenge, of course, is that the courts are trying to equilibrium the close of the suspect unneurotic with the prosecution’s concerns of granting bail, and whether they tin beryllium mitigated with bail conditions,” helium said.

“If the magistrate thinks the past of the offender oregon continued repetition offending, for example, forms an unacceptable risk, they’re refused bail.”

“I admit the accent that the courts spell done successful doing it with however galore cases we each person to get through. It’s not easy”.

While Karnib was speaking to the wide bail process and stressed that helium respected the courts and the decisions that magistrates made, helium acknowledged if a antheral who is granted bail portion charged with superior home unit offences allegedly murders his ex-partner 2 weeks later, and magistrates remark connected the “scanty” disposable accusation they tin beryllium faced with, the courts don’t ever get it right.

“Everyone has the close to use for bail consecutive away,” helium said.

“The payment of foresight comes into play sometimes erstwhile you perceive that radical are granted bail and spell connected to perpetrate different offence; it is thing that courts conflict to balance”.

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