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Bail granted to man charged with Manslaughter on first Local Court Bail Application

BAIL GRANTED at Bankstown Local Court for man charged with the Manslaughter of a newborn and brain damage of another. Read on to see how our Principal lawyer convinced the Local Court Magistrate first time around.

After a number of years through a coronial inquest, a man was charged with Manslaughter after an alleged gas mixup in Bankstown Hospital leading to the death of a newborn and permanent brain damage to another baby.

He was arrested by police, charged and refused bail to appear before Bankstown Local Court.

Immediately on the day of his bail refusal by police, the family contacted Ms Regan urgently seeking his release.

Ms Regan immediately prepared a number of letters from his family and employer. Medical materials and a stringent bail proposal was prepared within a few short hours.

Not long after receiving the charge paperwork, Ms Regan fronted the magistrate making lengthy and persuasive submissions.

The application was known as a 'show cause' application. This meant that the first hurdle was to convince the magistrate as to why our client's continued detention was not justified. Ms Regan relied on numerous factors, including his physical health requiring medical attention, his gainful employment, the dependence his wife has on him as well as the lengthy delay before any criminal trial.

Once Ms Regan passed this test, the application then moved to addressing why our client did not present as an 'unacceptable risk' in accordance with the Bail Act 2013.

Ms Regan proposed a stringent set of bail conditions that the court could impose to ameliorate any bail concerns.

Despite the very serious nature of the offence, being one of the most serious in the criminal calendar, Ms Regan was able to convince the magistrate that her client should be released immediately that same day.

He was released a few hours later, having him be free to prepare for the next few years of proceedings in the criminal courts.

Tayla Regan

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