A degree of uncertainty about the allegation giving rise to a show cause offence under the Bail Act 2013 (NSW) is a relevant factor in determining whether cause is shown why detention is not justified. The strength of the prosecution case on the show cause offence is assessed on the materials available, and equivocal evidence from the complainant on a critical element (here, penetration for s 61J) weighs in favour of the applicant on the show cause question. Delay of approximately 12 months until trial remains a significant factor in bail applications.
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