generating a bail application as a defence, find the attached for scenario. Consider what arguments and criteria from sections 16, 16A, 16B, 17-21 Bail Act 2013 (NSW) you would use in making such an application. Are there any conditions you can think of attaching to the bail to improve your chances.

Anya Jenkins has been charged with possession of a prohibited drug contrary to s10 of the Drug Misuse and Trafficking Act 1985 (NSW) (the "DMTA") and deemed supply contrary to ss25(2) and 29 of the DMTA.

About the charged offences:

Possession of a prohibited drug (DMTA s10) requires the prosecution to prove that the drugs were in

the possession of the person charged (e.g. in their home, car, bag) and that the person knew or should have known that the drugs were in their possession. The maximum penalty is 20 penalty units or imprisonment for two years or both (DMTA s 21).

Deemed supply is where the law categorises the quantity of prohibited drug found in a person's possession as so great that it is deemed to be held for supply to others (rather than for personal use). If a person possesses 3g or more of cocaine, the person is deemed to have had the drug in their possession for the supply of others unless they prove otherwise. The maximum penalty for deemed supply of a commercial quantity is 3500 penalty units or 20 years imprisonment (or both) (DMTA s33).

A commercial quantity of cocaine is 250g and over, 400g of cocaine is a commercial quantity (DMTA Schedule 1). The supply offence in this problem is strictly indictable.

The circumstances of the offence are as follows.

On the 31st of December 2023 the police executed a search warrant at Anya's apartment in Rose Bay. At the back of one of the bottom kitchen cupboards they found a six pack of Two Birds Golden Ale beer. When they opened the bottles, they discovered that four of them contained beer but two of them were filled with cocaine weighing 400g in total, 90% purity. Anya was charged with possession and deemed supply.

Anya is 32 years old. She is a banking and finance lawyer at Ashurst, a global commercial firm in the CBD. She is the owner occupier of the apartment and has a $700,000 mortgage in her name. She lives there with her boyfriend Xander Harris. Xander is an old friend of Anya's. They used to hang out when Anya was a teenager. Anya was a troubled child. Her parents died in a car accident when she was 10 and she was placed in foster care. By the age of 13 she had started smoking cannabis and getting into trouble with the police. She has a lengthy juvenile criminal history of low-level offences including malicious damage to property, several counts of possess prohibited drug (cannabis and amphetamines), take and drive a vehicle without the consent of the owner, offensive behaviour and assault police. She breached bail several times and served a short two-week period in juvenile detention for the assault police. Xander was her co-offender. When she was 16 a police officer, Erin Lindsay, took Anya under her wing and she hasn't been in trouble since. Anya completed an adult entry course for University when she was 22. She worked hard and completed Arts/Law at UTS scoring a clerkship at Ashurst in her final year. She has worked her way up to senior solicitor. She works extremely long hours and is required a great deal of international travel. Anya hadn't seen Xander for years until he tracked her down 18 months ago. They became romantically involved and Xander moved into Anya's apartment. Xander does not have regular employment. He has served two years in prison for supplying amphetamines and was released 18 months ago. The police also charge him with possession and deemed supply.

Xander gives an interview with the police. He admits to supplying cocaine but he says Anya is the main player. He says she has a large distribution chain within the legal profession and she makes a great deal of money out of it. His role is to source the cocaine.

Anya declines to be interviewed by the police. In preparation for a bail application she gives her lawyer the following instructions: she had no idea about the cocaine. She doesn't drink beer and had never looked in the beer section of the bottom cupboard. She has no close family. The only ties she has are at Ashurst and she does not want to tell them about the charges for fear of losing her job. She maintains infrequent contact with Erin Lindsay. She thinks Lindsay might be willing to provide a character acknowledgement and agree to forfeit an amount of money as security. After some prompting Anya admits to her lawyer that she has a cocaine addiction. She says she uses it to cope with the long hours and stress at work. Xander is her supplier. She would be willing to attend a residential rehabilitation program so long as Ashurst doesn't find out.

The prosecution has decided to proceed with the deemed supply offence in the District Court. They estimate that the trial will be listed no earlier than July 2025.