Event and Time
Event Description
- Date of Application: 22 November 2021
- Nature of Allegations: The applicant is facing nine charges arising from alleged offenses committed on 16 April 2021, including drug trafficking, possession of drugs, property suspected as proceeds of crime, and possession of a prohibited weapon.
Application and Claims
- The applicant seeks a grant of bail after three previous refusals based on the inability to demonstrate exceptional circumstances and being deemed an unacceptable risk under the Bail Act 1977.
- Previous Court Dates: Bail was refuted in the Magistrates’ Court on 20 April 2021, 27 July 2021, and 17 November 2021.
Judicial Decisions
- The case was set for an initial directions hearing in the County Court on 20 January 2022.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Exceptional circumstances for bail included an offer for residential rehabilitation at Odyssey House. - Argues presence of triable issues regarding the allegations, specifically concerning intent and knowledge regarding trafficking. - Concerns raised about correctional conditions during COVID-19 and the delay of two years before a trial.
- Respondent's Arguments:
- The applicant has a substantial drug history and has previously failed several rehabilitation attempts, indicating an unacceptable risk of re-offending. - Prosecution outlines a strong case based on circumstantial evidence including the applicant's possession of cash and drugs, and messages suggesting drug dealing. - Concern over the potential influence of the applicant's ex-boyfriend with a significant criminal history and their prior residence together.