The Supreme Court granted bail to an applicant in a show cause situation under s 16(3)(c) of the Bail Act 1980 (Qld), holding that cause was shown despite serious assault charges involving a weapon. The Court found that the combination of the applicant's improved mental health following treatment in the High Security Inpatient Service, the existence of a treatment authority under the Mental Health Act 2016 (Qld), strong parental support, the real prospect of spending disproportionate time in custody before a likely finding of unsound mind by the Mental Health Court, and a strict suite of bail conditions including 24-hour curfew and electronic monitoring sufficiently ameliorated the risk of reoffending. The decision illustrates that where psychiatric evidence demonstrates remission of psychotic symptoms and community treatment structures are available, bail may be granted even in show cause situations involving random violence driven by mental illness.
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