The timing of an appeal relative to the expiry of a non-parole period can be sufficient, together with other factors such as the welfare of dependent children, to show cause under s 16A of the Bail Act 2013 (NSW), even where the prospects of success on appeal are slight. However, overwhelming evidence of association with organised crime, combined with prior offending while on bail and demonstrated ability to obtain encrypted devices in custody, can establish an unacceptable risk of commission of a serious offence that cannot be ameliorated by bail conditions, including conditions restricting access to mobile phones.
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