Re Boo

The applicant, a Malaysian citizen on a bridging visa, was before the court applying for bail in relation to serious drug and child abuse material charges. The charges included trafficking in a large commercial quantity of a drug of dependence, possession of substances, materials and equipment for the purpose of manufacturing drug of dependence, and possession of child abuse material. The applicant was alleged to be a low-level member of a drug syndicate. The potential delay in the trial was estimated to be three years.

The court was required to determine whether the applicant was likely to attend court if released on bail and whether the applicant posed an unacceptable risk to the community if released. The court considered the seriousness of the charges, the applicant's criminal history, and the risk of flight. The court also considered the exceptional circumstances of the case, including the applicant's status as a Malaysian citizen on a bridging visa and the potential delay in the trial.

The court found that the exceptional circumstances established by the applicant were sufficient to mitigate the risk of flight and that the unacceptable risk could be mitigated by conditions. The court held that the applicant was likely to attend court if released on bail and that the unacceptable risk could be mitigated by conditions. The court granted bail with conditions, including electronic monitoring, a curfew, and a residence requirement. The court also imposed conditions to mitigate the risk of reoffending, including a prohibition on accessing the internet without permission and a requirement to attend counselling sessions.

The court ordered that the applicant be released on bail with the specified conditions. The court also ordered that the applicant surrender their passport and any travel documents and that they not contact any witnesses in the case. The court further ordered that the applicant attend a designated place at specified times for electronic monitoring and that they comply with all other conditions imposed by the court.