Section 16(3)(c) of the Bail Act 1980 (Qld), which reverses the onus by requiring a defendant to show cause where an offensive weapon was used, applies to defendants who are parties to the offence through counselling and procuring under ss 7 and 8 of the Criminal Code (Qld), even where the defendant did not personally handle the weapon. A finding of unacceptable risk of re-offending must be reasonably open on the evidence; a defendant's prior record of answering bail, the tenuous nature of the suspicion of re-offending, and the disincentives provided by bail conditions including a substantial surety are relevant countervailing factors.
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