Richard Kwang has been arrested and charged with 2 counts of armed robbery of service stations in your city. The arrest and charges follow identification of Kwang by the attendants of those service stations using CCTV footage obtained at both sites. The offending took place on the same night. On each occasion Kwang entered the service station, ran to the operator and pointed a handgun into their face demanding cash. A total of $500 was handed over from both robberies. You are a Legal Aid Duty Solicitor. Your client, Mr Kwang, wants to know whether he can apply for bail. The Custody Sergeant, who charged Kwang, has refused bail at first instance. After discussion with Kwang and the Custody Sergeant, you are now aware of the following information:

Kwang is 27 years of age, single, and is addicted to heroin.

He has no fixed address and has been "couch surfing" at a friend's house for the last 6 months. The friend is also a heroin user.Kwang has a criminal record starting at the age of 15. His record includes 5 convictions for break, enter and steal; 4 counts of assault; and 2 counts of possession of heroin.

You have viewed the CCTV footage, and there is no doubt in your mind that the person in the footage is Kwang.

Despite the evidence, Kwang remained silent during police questioning and denied the person in the footage is him.

Your instructions are that he wants to plead not guilty. Consider the prospects for bail in this situation. In making your evaluation, draw on the relevant law in NSW, Australia giving reasons for your answer.