Event and Time
Event Description
- Date of Arrest: 20 March 2024
- Charges: Various offences including breaches of a supervision order, failing to submit to urinalysis, and making threats to kill.
- Initial Bail Application: Refused on 21 March 2024 by the Magistrates’ Court; subsequent application made on 3 May 2024.
Application and Claims
- SS applied for bail citing exceptional circumstances and lack of unacceptable risk to public safety.
- The prosecution contended that SS posed a significant risk to others, especially the complainant involved in the threatening behavior.
Judicial Decisions
- The judge acknowledged exceptional circumstances existed justifying bail and ruled there was no unacceptable risk that SS would endanger the welfare of another person.
- Bail was granted with specific conditions.
Dispute Points and Legal Basis
Dispute Points
Arguments from SS (Applicant):
- Exceptional Circumstances:
- Delay in court proceedings could lead to SS spending more time in custody than any potential sentence if convicted. - Mental health issues may significantly reduce SS’s culpability and therefore possibly exempt him from mandatory sentencing provisions.
Arguments from the Prosecution:
- Unacceptable Risk:
- SS has a history of breaching conditions while on bail, suggesting a high likelihood of reoffending. - The nature of the alleged threats made to the complainant and knowledge of her home address indicated a serious risk to her safety.