Grievous Bodily Harm (GBH) is a serious matter under Western Australian law, often involving allegations of serious injury and long-term harm.
Understandably, many people assume that these charges will see the accused held in custody until trial. However, it is still possible to successfully apply for bail.
To have bail granted, certain conditions have to be met and the court must be satisfied that releasing the accused will not pose a risk to the community or trial process.
If you have been accused of GBH and are considering applying for bail, you will benefit from legal advice. An experienced assault lawyer understands the intricacies of a bail application and will help you create the strongest possible case.
At Chambers Legal, our team has extensive experience dealing with these cases and can assist you in navigating the application process.
If you would like to speak with us, you can contact Chambers Legal on (08) 9500 8915 or at [email protected]. Alternatively, you can book a free 15 minute phone consultation.
Understanding Bail Eligibility for GBH Charges
In Western Australia, every accused person has the right to have bail considered, unless they have been detained under specific legislation like the Dangerous Sexual Offenders Act 2006.
The court is required to evaluate each bail application on its merits and consider the specific circumstances of the case.
This means that whilst their is no automatic presumption in favour of granting bail, the accused may be allowed bail for a grievous bodily harm charge.
Factors Influencing Bail Decisions
When determining whether to grant bail, the court will consider:
- Nature and Seriousness of the Offence: The seriousness of a GBH charge weighs heavily in bail considerations.
- Strength of the Prosecution’s Case: The court assesses the evidence against the accused. A strong case may mean a lesser likelihood of bail being granted.
- Risk of Reoffending: The court must consider the potential for the accused to commit further offences while on bail.
- Risk of Flight: The likelihood that the accused might fail to appear for scheduled court dates.
- Interference with Witnesses or Evidence: The court considers whether the accused might interfere with witnesses or obstruct the course of justice.
- Safety of the Community: The potential threat the accused may pose to the safety, welfare or property of others is taken into account.
Can You Strengthen Your Bail Application if You are Accused of Grievous Bodily Harm?
If you have been charged with GBH and wish to apply for bail, it is important to strengthen your application wherever possible.
While GBH is a serious offence, bail is still possible if the accused satisfies the criteria above.
Some steps that can improve the chances of success include:
- Proposing strict bail conditions: This may include reporting to a police station regularly or abiding by a curfew.
- Demonstrating stable personal circumstances: Evidence of steady employment, community ties or family responsibilities can help show that the accused is not a flight risk.
- Offering surety: A surety is a financial guarantee (usually provided by a family member or friend) that adds weight to a commitment to appear in court.
- Addressing concerns proactively: If the court is likely to be concerned about reoffending or interference with witnesses, the accused’s lawyer can propose specific conditions to manage these risks.
Chambers Legal: GBH and Assault Lawyers in Perth
Securing bail for GBH charges in Western Australia is possible but not guaranteed. The court will meticulously evaluate various factors to determine whether releasing the accused poses risks to public safety or the judicial process.
Given the complexities involved, seeking legal advice from experienced criminal defence lawyers is essential to navigate the bail application process effectively.
If you have been accused of GBH or any other assault charge, please do not hesitate to contact Chambers Legal. Our team of assault lawyers understands the complexities of these charges and will work to support you throughout the process.
We pride ourselves on working with integrity and transparency, providing fair and honest pricing with proper cost notice and all legal advice in writing.
You can contact us on (08) 9500 8915 or at [email protected]. Alternatively, you can book a free 15 minute phone consultation.