Campbell J held that s 22B of the Bail Act 2013 (NSW) did not govern the bail decision because, applying the 'realistically inevitable' test from DPP v Van Gestel, it was not realistically inevitable that the applicant would receive a sentence of full-time custody for aggravated dangerous driving occasioning grievous bodily harm under s 52A(4) of the Crimes Act 1900 (NSW), given that 22% of offenders sentenced for that offence in the higher courts received intensive correction orders. On the facts, including the applicant's significant health issues, status as a First Nations person in custody for the first time, rehabilitation efforts, and caring responsibilities for a 13-year-old child, the Court was satisfied that cause was shown under the show cause test and that no unacceptable risk arose, and conditional bail was granted.
The full text is available to signed-in members.