R v David Ewen

David Ewen was charged with multiple counts of sexual assault against a three-year-old child, and the case was heard in the Magistrates’ Court. Ewen applied for bail, and the prosecution opposed it on the basis of the seriousness of the allegations. The primary legal issue before the court was whether Ewen should be granted bail, given the severity of the charges and the circumstances of the case.

The court considered several factors in its decision, including the strength of the prosecution's case, the seriousness of the charges, and the potential impact of Ewen being granted bail on the alleged victim. The prosecution's case was deemed weak due to several factors, including the young age of the alleged victim and the absence of corroborative evidence. Additionally, there was a material omission in the police facts provided to the court, which was not insignificant. Despite these factors, the court acknowledged that the Crown's case was weak, and the bail proposal, if not for the serious nature of the charges, would have been strong.

After weighing all the factors, the court concluded that the serious allegations against Ewen were counterbalanced by the weak prosecution case and the material omission in the police facts. The court granted Ewen bail, subject to strict conditions to ensure the safety of the alleged victim and to minimise the risk of interference with the proceedings. The court ordered that Ewen must reside at a specified address, report to police daily, and observe a strict curfew, among other conditions.