In show cause situations under s 4(4) of the Bail Act 1977 (Vic), the onus of establishing unacceptable risk under s 4(2)(d)(i) remains on the prosecution and is not transferred to the applicant by the show cause requirement. Bail conditions must satisfy a parsimony test under s 5(3)-(4) and be compatible with the human rights of the accused under the Charter, including freedom of movement (s 12) and liberty (s 21). The question of onus in show cause situations remains unresolved at Court of Appeal level, with this decision preferring the Harika/Paterson approach over Asmar.
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