Re HSJ

The matter of Re HSJ involved the applicant who was charged with one count of breaching a restraining order and eight counts of using a carriage service to menace, harass or cause offence, as well as summary offences. The applicant sought bail before trial, arguing that his lengthy time in custody could lead to him spending more time in pre-sentence detention than his potential sentence. The respondents argued against bail, citing the applicant's history of breaching bail conditions, absconding from the jurisdiction, limited ties to the country, and a contemptuous view of the judicial process.

The court had to decide whether the risks identified by the respondents could be sufficiently ameliorated by appropriate bail conditions, such that the applicant's continued detention was not justified. The applicant submitted that he was willing to accept a range of bail conditions proposed by Ms Guppy-Coles, although he contended some were not appropriate. The court considered the applicant's past conduct, his resolve not to reoffend, and the nature of the alleged offences. The court noted that while the applicant's past conduct was foolish, offensive, and derogatory, it had not amounted to conduct that endangered the safety or welfare of any person.

The court concluded that the available and appropriate bail conditions were sufficient to mitigate the risk that the applicant might fail to appear when required. The court accepted that the applicant's alleged offences appeared less serious than those in similar cases, raising the real prospect that the applicant might serve more time in pre-sentence custody than he might be sentenced to serve if found guilty. The court was satisfied that the applicant's continued detention was not justified, provided that suitable bail conditions were imposed.

ORDERS:
The court will hear from the parties as to the form of the orders that should be made.