On 4 August Don is charged with intentionally causing serious injury contrary to section 16 of the Crimes Act 1958 (Vic). The alleged victim is his partner, Victoria, with whom he lives in a de facto relationship and has done so for eight years. They have one child, aged 4. It is alleged by police that Don became irate while he and his partner were at a bar and he accused Victoria of flirting with other men. He then broke his wine glass and ‘glassed’ Victoria in the face. There is video footage of the incident, although the quality is poor given that the bar was
relatively dark. Victoria was taken to hospital, where she remained for one week. She lost the use of her right eye and required 120 stiches to her face. She will have a permanent 12 centimetre scare on her face.Don is seeking bail in relation to the offence. He is currently on bail for an alleged burglary he committed two weeks early several houses from his premises, in relation to which it is alleged he stole a small amount of cash ($320).He is 32 years old. He has one prior conviction for unlawful assault. The victim in relation to this matter was Victoria. This occurred two years earlier, following an argument at a restaurant where he threw a plate at her, causing her minor bruising to the upper body.Don is employed as an electrician. If he does not succeed in his bail application, it is likely that he will lose his job. He is the main bread winner in the family. He is in relatively good health but has high blood pressure and is undergoing tests for an irregular heart-beat.Police are also investigating him in relation to suspicious bruising on his child which was reported 14 days ago by doctors at the Children’s Hospital following three admissions on the
child within five months for trauma injuries – none of which required the child to be an inpatient. Victoria on each of these occasions told doctors the cuts and bruises were the result of falls sustained by the child.Victoria has told the police that she wants Don to get bail. She states that he sometimes has a temper but ‘deep down he is a loving partner and can be a good dad and that without his income she would be destitute’. Police oppose the grant of bail on the grounds that Don is in a ‘show cause situation’ and if he is released on bail there is an unacceptable risk he would commit further offences.You are the lawyer for Don.
Prepare a written bail submission on his behalf.
The submission should be written in essay style, with sub-headings encouraged to provide structure. Footnotes and a bibliography must be included.Citation footnotes are included in the word limit.
You are expected to adhere to the Australian Guide to Legal Citation (AGLC)..