Why is committing an offence on bail deemed to be aggravating

Why is committing an offence on bail deemed to be aggravating

Breach Of Bail – Why is an offence committed whilst on bail considered aggravating?

If you commit an offence while you are on bail it will be considered an aggravated offence. The reasoning behind this is embedded in the breach of trust, which occurs when an individual commits a crime, whilst on bail. When a court grants a person bail, they are doing so on the basis that the individual is making a promise not to commit an offence whilst on bail. By committing an offence, you are breaching the fundamental reason why you were granted bail in the first place. This is why bail offences are considered aggravating.

If you have committed an offence while on bail, then you have violated a fundamental aspect of you bail conditions and the authorities will take this very seriously. Your offence will be considered an aggravated one, which attracts harsher penalties then a standard offence. For this reason, you need to ensure that you have the best legal team on your side. George Sten & Co Criminal Lawyers can provide you with accurate and customised legal advice about your situation. We can prepare your bail application or weekend bail application and appear on your behalf in court. Contact us now on (02) 9261 8640 or email georgesten@criminal-lawyer.com.au to find out how we can provide peace of mind for your situation.

What is Bail?

In order to understand why an offence that is committed whilst on bail is considered aggravating, you need to know exactly what bail is. Bail is the short-term release of an individual who has been charged with a criminal offence. Usually, this individual is waiting for their case to be heard in court. When you are initially charged with an offence, the Police can arrest you or let you go. If they arrest you and take you to the Police station to be charged, you may be kept in custody until the next available court date. In some cases, you may be arrested out of ordinary business hours. If this is the case, you may have to remain in custody over the weekend while you wait for the courts to re-open. If this has happened to you, act immediately & contact George Sten & Co Criminal Lawyers as soon as possible. We have a dedicated 24 hour, 7 days a week phone line which you can call if you require an urgent bail application or weekend bail application. If this sounds like your situation, call us now on 0412 423 569.

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Bail Case Law Reference

In the case of R v Richards (1981) 2 NSWLR 464, Street CJ elaborated on why bail offences that are committed while on bail are considered aggravating.

One of the main reasons why there are individuals out on bail is because they are awaiting trial. In many cases, they committed serious criminal offences and yet, they remain free on bail, while they await trial. If you have committed an offence, you need to remember that a court will not hear your case the next day. Court lists are often long and it will take time to have your matter heard. Furthermore, there is no capacity in prisons to hold persons who have been committed or allegedly committed a crime while they await their court date. It is also difficult for the authorities to justify depriving someone of their freedom if they have not yet proven that they actually committed the offence.

It is imperative that the public is protected from any further criminal offences which the individual may commit while they are on bail awaiting trial. In due time and when their matter is heard in court, many of those individuals who are currently on bail will actually plead guilty, or be found guilty of the criminal offence.

In order for courts to deter individuals from committing offences while they are on bail is to hand down harsh sentences to those who breach their bail conditions and commission offences while on bail. If you commit an offence while you are on bail for another offence, the court is likely to hand down a significantly harsh sentence taking into account the initial offence and the subsequent offence committed while on bail.

As stated by Street CJ, ‘It must be made abundantly plain that person at large on bail cannot expect to commit further crimes “for free”’. Being out on bail is not a get out jail free card, it is the opportunity to continue with an almost regular life until your matter is heard. If you have been granted bail, it is your own best interests, and in the best interests of the community if you refrain from being involved in any criminal activities.

How our bail application lawyers can help you?

If you have found yourself in a situation where you have committed an offence whilst on bail, contact George Sten & Co Criminal Lawyers now. Our bail application lawyers can assist you anytime of the day and night and can also assist with weekend bail applications. It is important to have a highly experienced and knowledgeable criminal lawyer on your side if you have committed an offence while you are on bail. The courts take these kinds of offences very seriously and will usually impose tough punishments on those who have breached their bail conditions. George Sten & Co Criminal Lawyers work through similar cases every day and know exactly how to build a case in your defence. To find out how we can help you, contact the bail application lawyers at George Sten & Co Criminal Lawyers on (02 9261 8640 or email georgesten@criminal-lawyer.com.au. If your matter is urgent and requires out of hours attention, contact our urgent phone line: 0412 423 569.