In the matter of an application for bail by SA

SA applied for bail and the application was ultimately dismissed by Penfold J in the Supreme Court of the ACT on 23 September 2010. The central issue was whether there were special or exceptional circumstances warranting bail under s 9D of the Bail Act 1992 (ACT). SA argued that her continued incarceration hindered her ability to challenge care and protection orders for her son and caused excessive delays in bringing her to trial. The court found that neither argument constituted special or exceptional circumstances. Regarding the care of SA's son, the court held that an inability to provide day-to-day care due to incarceration was an inherent feature of custody and not a special circumstance. Furthermore, there was no evidence that SA's son was negatively affected by the care arrangements. Concerning trial delays, the court held that a mere delay in and of itself, even if excessive, did not amount to a special or exceptional circumstance. The court also found that comparisons with other jurisdictions and the mere passage of time did not justify a finding of special or exceptional circumstances. The court ultimately concluded that no special or exceptional circumstances had been demonstrated and dismissed SA's bail application.