In the matter of an application for bail by Rebecca Massey [No. 2]

The case involved an application for bail by Rebecca Massey, who was charged with murder. The application was heard by the Supreme Court of the Australian Capital Territory. The matter arose as a review of a bail decision made by another judge, as well as a new application for bail, prompting the court to consider under what circumstances each was appropriate. The court needed to decide whether there had been a significant change in circumstances warranting a new application, the jurisdiction to hear such an application, and whether the presumptions against granting bail were rebutted by any special or exceptional circumstances.

The legal issues before the court included whether a significant change in circumstances, such as the passage of time or a diagnosis and treatment of mental illness, justified a new bail application. The court also had to consider the statutory presumption against bail for those charged with murder, and whether the applicant had demonstrated special or exceptional circumstances to rebut this presumption. Additionally, the court needed to assess whether excessive delays in the prosecution, combined with the availability of a surety and the applicant's personal circumstances, constituted special or exceptional circumstances.

The court found that the diagnosis and treatment of the applicant's mental illness, coupled with the excessive delays in the prosecution, constituted a significant change in circumstances. The delays were deemed excessive, as the prosecution had not prepared a brief for the scheduled committal hearing despite ample notice, and could not estimate the delivery dates for expert reports. These delays, in combination with the availability of a surety, the applicant's personal circumstances, and the minor weaknesses in the prosecution's case, amounted to special or exceptional circumstances. The court also concluded that there was no reason to assume that human rights legislation would alter the interpretation of the bail legislation.

The court granted bail to the applicant subject to strict conditions, acknowledging that the applicant was unlikely to abscond, commit further offences, or interfere with witnesses. The court considered the interests of the applicant, her claims of being drug-free, and the need to address the delays in bringing the matter to trial. The court also took into account the needs of the applicant's young son and the benefits and disadvantages of the applicant serving time in custody before trial.