A lengthy delay before trial should be given significant weight in the show cause assessment under s 16B of the Bail Act 2013 (NSW), and may be sufficient in combination with other factors (age, health, bail proposal) to show cause. However, where the Crown case is strong and the alleged offending demonstrates willingness to engage in subterfuge in breach of supervision conditions, and the proposed bail accommodation involves residing with a person through whom the offences were allegedly committed, the bail risks may be unacceptable and incapable of being addressed by any bail conditions.
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