Event and Time
Event Description
- Date: 10 November 2021
- Individuals Involved: Aguer Goback, Goback Goback, Kan Tap
- Charges: Attempted aggravated home invasion, threat to damage property, possess prohibited weapon without excuse, possess controlled weapon without excuse, commit indictable offence while on bail, possess drug of dependence (two charges), deal with property suspected of being proceeds of crime.
Application and Claims
- Both Aguer and Goback Goback were remanded in custody after being arrested. They subsequently applied for bail.
- Aguer's initial charges included attempted aggravated home invasion, later amended to attempted aggravated burglary.
- Both applicants faced challenges in proving the necessity for bail under the compelling reason test as per the Bail Act 1977.
Judicial Decisions
- The Court granted bail to both Aguer and Goback Goback after considering their personal circumstances, the allegations, and the delays associated with their cases, alongside the provisions of the Bail Act 1977.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Argument:
- Serious nature of the charges justified denial of bail. - Concerns about public safety and potential for reoffending while on bail due to the severity of the charges.
- Defense's Argument:
- Both defendants asserted there were genuine triable issues and a significant delay in the trial was likely. - Claims of substantial community and familial support for rehabilitation if granted bail. - Indicated that their criminal history was primarily limited to Youth Court, with no adult convictions impacting the bail consideration.