Bail Granted Despite Opposition in Alleged Fake Goods Case

Overview of the Case

A young woman was detained at the airport after customs officials discovered she was carrying 30 counterfeit smartphones, initially believed to be used Apple iPhones. She had been asked by her employer to bring the phones into Australia, unaware they were fake. What she believed was a favour for her boss escalated into a serious criminal charge relating to the importation of counterfeit goods under federal legislation.

Given the gravity of the offence and the client’s immigration status, the Australian Federal Police opposed bail. She was taken into custody immediately following her arrest and denied police bail.

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Swift Action by Brightstone Defence

The client’s sudden disappearance triggered concerns from her family, who promptly contacted Brightstone Defence. Our criminal law team acted urgently to confirm her location and circumstances. Within hours, we identified the correctional facility where she was being held and secured the earliest available date for a bail hearing in the relevant court.

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Persuasive Advocacy at Bail Hearing

Despite the prosecution’s firm objection to bail, Brightstone Defence briefed a highly experienced barrister to appear at the bail hearing. The defence presented comprehensive submissions addressing each of the bail considerations under the Bail Act 2013 (NSW) and relevant federal provisions.

Key issues included the seriousness of the alleged offence, the client’s limited understanding of the goods in question, and her personal background. The defence team was able to rebut concerns about flight risk and potential interference with evidence. After hearing submissions, the magistrate accepted the defence’s arguments and granted conditional bail.

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Frequently Asked Questions (FAQ)

• ‍What happens if you unknowingly bring counterfeit goods into Australia?
  Even without intent, you can be charged under federal offences. A lack of knowledge may form part of a defence, but it does not prevent initial prosecution or arrest.

• ‍Can you get bail for serious federal offences?
  Yes. Bail can still be granted for serious offences, provided the court is satisfied that the accused is not an unacceptable risk and that any concerns can be addressed by conditions.

• ‍How quickly can a bail hearing be arranged?
  In urgent cases, we can often secure a bail hearing within 24 to 48 hours, depending on court availability and the location of the client.

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Why Experience Matters in Bail Applications

In complex matters where Commonwealth charges are involved and bail is initially refused by police, time becomes critical. Bail hearings require precise legal argument, especially where the prosecution raises presumptions against bail. At Brightstone Defence, we understand the unique challenges involved in serious customs and importation offences and are experienced in acting quickly to secure a client’s release.