CRIMINAL APPEAL — release application — bail — where Court allows appeal on the day of hearing — re-trial ordered — power to grant bail — “show cause” offence — cause shown in not breaching bail in period of remand and period in custody since conviction set against length of non-parole period — bail concerns — whether risk mitigated by conditions — no unacceptable risks in the circumstances — bail granted
Quick Take
1Where a conviction has been quashed and a re-trial ordered, the period already spent in custody measured against the non-parole period originally imposed, combined with substantial compliance with bail conditions prior to conviction, may be sufficient to show cause why detention is not justified under s 16B of the Bail Act 2013 (NSW).
2Even where 'bail concerns' exist under s 17(2) of the Bail Act 2013 (NSW) — including risks of failure to appear, commission of further offences, and witness interference — those concerns may be ameliorated to below the threshold of 'unacceptable risk' by sufficiently stringent bail conditions, particularly where the complainant's evidence will be presented via recordings from the first trial and the accused is effectively locked into a prior version of events.
