A Victorian man, 23 years of age was charged with aggravated dangerous driving occasioning death. As a result of the accident, his little brother passed away. The police attended the hospital where the main was being treated for serious physical injuries an dealing with the loss of his brother and laid criminal charges against him, also denying him bail and wishing to take him into custody.
He was represented at a bail hearing by Mr Faraj. The prosecution alleged that based on the evidence before them, Mr Faraj’s client was driving in a manner dangerous which resulted in death and opposed bail under any circumstances.
This was countered by Mr Faraj who made arguments that at such an early stage, there is no way the prosecution can prove these claims given there were not witnesses who came forward and were only relying on a police crash investigation.
It was argued that the prosecution did not have a strong case at the time of the bail hearing and given the man did not pose any unacceptable risk in accordance with the bail act 2013, he was still entitled to bail.
Regardless of the seriousness of the offence occasioning death, the court agreed with Mr Faraj’s submissions and granted bail.
The man was able to grieve and be with his family during this tough time as opposed to being in police custody.

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