Event and Time
Event Description
On 16 January 2023, Anthony Cresswell was arrested and charged with multiple serious offences, including discharging a firearm at a vehicle, reckless conduct endangering life, and other related crimes. He was remanded in custody. The charges stemmed from an incident where he allegedly shot at two people, Ali and Mursal Mohseni, during a robbery attempt.
Application and Claims
Cresswell applied for bail after being refused earlier on 27 April 2023 due to perceived risks to public safety and the likelihood of committing further offences. The application was opposed by the prosecution on grounds of established criminal history and the seriousness of the current charges.
Judicial Decisions
The magistrate found that there were no conditions that may mitigate the unacceptable risks posed by Cresswell, particularly considering the violent nature of the charges and his history of committing similar offences while on bail.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Cresswell claimed that the anticipated delay in proceedings could lead to an excessive remand period, potentially exceeding a year awaiting committal and another year for trial. - He argued that his proposal for bail included arrangements through the BailSafe program, which would monitor his compliance.
- Prosecution's Arguments:
- The prosecution emphasized the serious nature of the offences, asserting that Cresswell posed an unacceptable risk of reoffending or causing further harm to others. - They highlighted his extensive criminal history, including prior offences involving firearms while on bail.
- Transfers of Evidence:
- The co-accused, James Bartlett, was expected to provide evidence against Cresswell, indicating a premeditated intent to rob, which was disputed by Cresswell's defense.