Question
In this court appearance I have to prove that the accused is an unacceptable risk is should not be granted bail. Bail Application ( I
In this court appearance I have to prove that the accused is an unacceptable risk is should not be granted bail.
Bail Application ( I appear for the prosecution to oppose bail).
Charged with : Breach Intervention Order, Intentionally cause injury , Unlawful Assault
Applicant: Chloe Franklin
Prosecution want to oppose bail for the accused Chloe Franklin because they believe that if she is released on bail she will ignore the bail conditions that are imposed on her. She has ignored a Family Violence Intervention order made against her to protect the victim who is her ex de facto partner Rose White.
She was ordered to stay away from Ms. White, however, she ignored it and went to her place and assaulted her anyway.
Ms. Franklin (accused) has priors for violence, nothing against domestic partners. However, the prosecution still believes that her behaviour is concerning and now the violence is directed towards her ex partner.
As a lawyer for the prosecution, I have to i have to tender the summary of evidence, the criminal history of the offences Franklin was charged with and went to court for.
Her priors include;
a) recklessly cause injury - she punched a guy in a pub in 2017 for making comments towards her. She punched him in the jaw, giving him a small cut in the lip, bruised chin. No medical treatment was sought for the victim.
b) she was involved in an incident in 2016 for assault by kicking, criminal damage. The man involved had his car parked next to hers and as he opened his door, it hit her car. She saw it and got mad at him but before he walked off she kicked him in his chin. Before walking away she kicked his car and damaged it.
Ms Franklin was a semi pro boxer. She had to stop her profession due to doctor's advice, otherwise she would risk getting permanently injured.
She admits to being a heavy drinker and when she does she's out of control and cannot control her anger.
That is why an IVO was made out for her because she was violent towards her de facto partner Rose. She gave Rose a black eye because she told her that she wanted to end the relationship.
She did not make admissions to the allegations when the IVO was consented by her, I cannot prove there was assault. But her behaviour is concerning and shows a tendency for violence.
I confirm that she has provided a place where she can reside in, no concern for that, however, the concern is if she is released on bail.
She needs to address her alcohol and anger issues.
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