Dabag v The State of Western Australia

The applicant, Nabil Dabag, was charged with causing grievous bodily harm contrary to Criminal Code 1913 (WA) s 297. The alleged victim had suffered injuries so severe that he had to be hospitalised and received treatment for at least 90 staples. The applicant had also been hospitalised for gunshot wounds. The applicant applied for bail at an early stage of the criminal proceedings. The State opposed the bail application on the ground of the seriousness of the offence and its circumstances, and concerns for the integrity of the investigation and the protection of witnesses, and the safety of the alleged victim and the applicant. The applicant submitted that the seriousness of the offence and its circumstances could be addressed by suitable bail conditions. The Supreme Court of Western Australia considered the seriousness of the offence, the stage of the proceedings, the strength of the prosecution's case, the applicant's background and antecedents, the length of time to trial, the integrity of the investigation and the protection of witnesses, and the risk of flight. The court found that the seriousness of the offence and its circumstances, together with the early stage of the proceedings, made it appropriate to refuse bail.