Bail Granted for Drug Charges Despite Breach of ICO and Bail

Last week Astor Legal appeared at Fairfield Local Court in relation to a detention application.

Our client was on a 2 year Intensive Corrections Order (ICO) for a number of serious drug charges and property offences.

When he was 3 months into the order he was charged with further drug offences. At that time, we had appeared at Central Local Court and made a successful bail application. His bail conditions included a residence condition and that he not consume any prohibited drugs.

Unfortunately, during lockdown he had struggled with mental health problems and resorted to drug use. Police stopped him after surveillance noticed him leaving a known drug premises. He was searched and police found prohibited drugs as well as identification documents on his person.

He was charged with these matters and as well as a breach of a public health order for leaving a locked down LGA without a reasonable excuse.

His family contacted us and we began preparing to oppose the detention application which was listed the next day.

We appeared at Fairfield Local Court and made detailed submissions in support of our client being released.

We tendered psychological and medical material setting out that our client would not receive adequate treatment in custody for his bipolar disorder and osteoporosis.

Despite our client’s lengthy criminal history and the fact that he had breached both his bail conditions and the ICO for similar offences, the Magistrate was persuaded to grant him bail, allowing him to re-join his family.

We are now assisting our client in enrolling in a residential rehabilitation facility.