Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24:

1. This application is made in circumstances where the applicant has been bail refused since she was arrested in February 2025 and charged with murder in the second degree, an offence which attracts the maximum penalty of life imprisonment. She is next due before the Local Court at Newcastle on 9 July 2025.

2. There is no issue that in the circumstances the Bail Act 2013 (NSW) imposes an obligation on the applicant to show cause why her detention is not justified: s 16A. That cause has been shown is in issue. If cause is shown the bail concerns which the applicant poses and whether she poses unacceptable risks, must also be considered: ss 17-20. That is also in issue, there being no disagreement that those that arise to be considered are the risk of non-appearance, of the commission of a serious offence and of endangering the safety of the victim, individuals or the community.

3. At common law a person seeking bail is entitled to the presumption of innocence and has a general right to be at liberty, matters which still remain relevant. The principles are as discussed in Moukhallaletti v Director of Public Prosecutions (NSW) [2016] NSWCCA 314. But the Bail Act requires that the application be refused if cause is not shown.

4. The application has to be decided on the balance of probabilities: s 32. Taking into account evidence or information considered to be credible or trustworthy in the circumstances. It is not to be undertaken according to the laws governing the admission of evidence: s 31. In this case pertinent extracts from CCTV footage are in evidence.

5. Cause can be shown by a single powerful factor or a powerful combination of factors: see R v S [2016] NSWCCA 189 at [63].

6. The applicant relies on a combination of factors to satisfy the show cause requirements, including matters which arise under s 18 in respect of bail concerns. Under s 16A, the question of whether the applicant has satisfied the obligation to show cause is not confined to those matters. The matters relied on included:

* The applicant's personal circumstances, including her childcare responsibilities and family and community ties;

* Her vulnerabilities owing to her Aboriginality and mental health problems;

* Delay, a trial likely not to be listed until late 2026 or early 2027;

* Her lack of criminal antecedents; and

* The strength of the Crown case.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979b16a0e0335ffe18a1cfe)

Disclaimer: Curated by HT Syndication.