Bail granted for over $3million Fraud despite lengthy history of fraud offending

Our client is 38 year old man who was born in New Zealand.

He had struggled throughout his life with mental health issues.

He had a lengthy criminal history for fraud offences. Indeed, he had previously spent a number of years in jail for fraud offences.

We recently represented him in a District Court Trial for numerous fraud charges. He was ultimately found ‘not guilty by reason of mental illness’.

However, during that trial he was charged with over 60 fresh fraud charges.

Police alleged that our client had drafted a number of fake cheques worth over $3million.

It was also alleged that our client had set up fake betting accounts in the names of his family members.

It was further alleged that our client had set up fake companies and purchased goods and services worth $188,000 on credit.
Police refused him bail.

We immediately went to work preparing a bail application.

First, we obtained a further report from our psychiatrist setting out that our client had the defence of mental illness open to him for the fresh charges as well.

We then proceeded with the current Trial. Our client was found ‘not guilty by reason of mental illness’ at the Trial. Click here to read about that case.

Following this we made an application for bail at Tamworth Local Court.

The prosecution strongly opposed bail citing our client’s criminal history and the fact that the fresh offences had occurred while our client was on bail for almost identical offences.

We relied on the opinion of our psychiatrist and the result of the recently concluded District Court Trial to argue that it was inevitable our client would be found ‘not guilty by reason of mental illness’ for the fresh charges.

The Magistrate was persuaded to grant our client bail under strict conditions, including an undertaking that he comply with any psychiatric advice and that his family surrender $10,000 to ensure he did not abscond or re-offend.

Subsequent to this, the matter proceeded to a District Court trial where our client was found not guilty due to mental illness of all charges.