McConnachie v Director of Public Prosecutions (NSW)

The case of McConnachie v Director of Public Prosecutions (NSW) was heard in the Supreme Court of New South Wales. The matter involved the applicant, Mr McConnachie, who sought release on bail following a lengthy delay in his trial. The primary issue before the court was whether the prosecution had established a sufficient case to demonstrate that Mr McConnachie should remain in custody, given the circumstances of the case and the availability of suitable trial dates.

The legal issues the court had to decide included the assessment of the strength of the prosecution case against Mr McConnachie, particularly in relation to the admissibility and impact of tendency evidence. This evidence included the accused's browsing history, which the prosecution suggested demonstrated a propensity towards misogyny. Additionally, the court considered the defence arguments, which included claims of consent in the alleged offences and the relevance of text messages suggesting that the accused respected a "safe word" during encounters with complainants.

In determining whether to grant bail, the court had to balance the risk of Mr McConnachie failing to appear for trial against the need to show cause why he should not be released. The court found that the prosecution had established a sufficient case to warrant the continued detention of the accused. The tendency evidence, although not determinative, was capable of supporting the prosecution case. The court also considered the impact of the delay in the trial and the availability of trial dates, ultimately concluding that the accused should remain in custody until trial. The court ordered that Mr McConnachie remain in custody pending his trial, which was scheduled to commence in September.