The show cause requirement under s 16A of the Bail Act 2013 (NSW) does not require demonstration of special or exceptional circumstances; it requires the accused to point to factors supporting a conclusion that continued detention is not justified. A Crown case that depends on witnesses whose reliability is in issue is not necessarily a 'weak' case for show cause purposes where acceptance of that evidence would inevitably lead to conviction and a lengthy custodial sentence. A history of violent offending combined with the centrality of key witnesses to the Crown case may give rise to unacceptable risks of further offending and witness interference that cannot be mitigated by bail conditions.
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