In bail applications for family violence offences under s 12 of the Family Violence Act 2004 (Tas), the complainant's wishes regarding bail — including whether she is afraid, supports bail, or instigated contact — are considerations of little weight. The court's task is to independently assess the safety, wellbeing and interests of the affected person and affected children. The accused's history of breaching family violence orders and bail conditions, and the strength of the prosecution case, are highly relevant to whether the presumption against bail is displaced.
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