by wheelie  06/02/2009  373 Page Views
5 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud
Hi everyone, This is a long story. My son after being released on bail went out with friends and got blind rotten drunk, he then went to another mates place where 4 other people were sitting around smoking cones and had planned a night of stealing from cars in surrounding streets. When they decided it was time to go do this deed, they told my son what they were going to do and told him to go home, but he decided to tag along. These 4 people then proceeded to look into cars and steal stuff out of cars that were left unlocked. One of the guys came across a car that had keys inside of it. All 5 of them decided to take the car and collect the stuff they had stolen and take it back to the friends place. After sitting around and smoking more cones they decided that it had become too late to put the car back as it was breaking daylight, so they decided to take the car out bush and burn it. My son voted against it and said to put the car back and wanted nothing to do with burning the car, but he was out-voted by the others and they took the car out into the bush, drove it around until it stopped and then burnt it.
I know that even though he didn’t steal anything from the cars and had nothing to do with the burning of the car, he can still be charged with these offences, because he was there, however he was the only one out of the 5 that got sent to jail, because he breeched his bail conditions.
He has been in jail now for 2 & 1/2mths. He has applied for bail after serving 1mth but was refused because he is a repeat offender (Driving whilst disqualified). His solicitor has told him that he cannot apply for bail again because he has been refused, but the bail act 1980 – sect19 states that; “A Defendant held in custody in relation to an offence who has been refused bail may make application to a court to grant bail to the defendant for an order granting or varying bail”. She is refusing to apply for bail again for him.
The sad thing about this is, this solicitor is Legal Aid and they have refused to let him change lawyers so he is stuck with her, as he can’t afford to pay for one.
Is there anything we can do to force her to apply or can he make an application on his own without her?
There is also mitigating circumstances that may change the mind of a judge that have not been put forward before with his previous application.
His next court date is the 19th March, so he will have been in jail for 4mths by then.
This court date is only to hear the evidence and to apply for a court date for the district court (which could take 4 to 6 mths).
If anyone has any advice, it would be very much appreciated