Event and Time
Event Description
The case involves an application for bail made by the applicant (referred to as ‘the applicant’) who faces multiple charges related to breaching a family violence intervention order (FVIO), including stalking and contravening the FVIO on several occasions. The applicant's estranged husband (AK) and their five children are involved in the allegations.
Application and Claims
- Charges: The applicant faces five charges of contravening a FVIO, one charge of persistently contravening the FVIO, and one charge of stalking relating to her estranged husband and their children.
- Circumstances: The applicant has been living in transitional accommodations after being excluded from the family home following breaches of interim accommodation orders. An interim FVIO was established which prohibited her contact and proximity to the family home.
Judicial Decisions
The court found compelling reasons to grant bail to the applicant despite the serious nature of the ongoing case against her. The judge ruled that the conditions and support available could mitigate the risks associated with the applicant's release on bail.
Dispute Points and Legal Basis
Dispute Points
Applicant's Claims and Arguments
- Compelling Reason: The applicant argues that:
- Imprisonment is unlikely if convicted; duration of custody is already longer than any potential sentence. - The nature of her alleged offenses is not severe; they primarily involve attempts to interact with her children. - Evidence against her lacks substance, primarily being historical and without substantial follow-up. - Psychological support is available to her, and ongoing Child Protection oversight offers further assurance.
Respondent's Claims and Arguments
- Unacceptable Risk: The respondent argues against bail citing: