AGGRAVATED SEXUAL ASSAULT: CHILD UNDER 10 YEARS – BAIL APPLICATION – WEEKEND BAIL APPLICATION

Published 24 Oct 2011

Case Study –

Criminal Defence Lawyers Sydney and Parramatta Offices

Criminal offence – Criminal Matter – Aggravated Sexual Assault: child under 10 years – Bail application – Weekend Bail Application

Nyman Gibson Stewart

Criminal Lawyers

Parramatta Local Court

Represented by Solicitor: Carol Younes 

Facts: Our client was charged with two counts of aggravated sexual assault against a child under the age of 10 – his son. He was refused bail and had to appear before the Parramatta weekend bail court. His family were frantic they called numerous local lawyers at midnight to no avail. They called 1800 NOTGUILTY as we are available for 24 hour urgent advice 7 days per week.  The family was assured that we would have one of our solicitors at court in the morning. Ms Younes appeared at court to run the bail application. The prosecution strongly opposed bail and advised the court that should bail be granted an application would be immediately lodged to stay the decision of the magistrate until further review by a Supreme Court judge.
Result:   After meticulous preparation all morning Ms Younes ran the application. She argued that the prosecution case was weak; that stringent bail conditions could be imposed to ensure the welfare and safety of the alleged victim, and that the allegations were categorically denied. The magistrate agreed with Ms Younes and despite the attitude of the prosecution granted the client conditional bail. The Director of Public Prosecutors ultimately withdrew the application to have the decision of the magistrate reviewed and our client was released on bail.