Re Johnstone (No 2)

The case of Re Johnstone (No 2) involved an application for bail by the respondent, Johnstone, against charges including threats to kill, contravention of a personal safety intervention order, committing an indictable offence while on bail, and contravening the conduct condition of bail. The matter was heard in the Supreme Court of New South Wales. The central legal issues the court needed to address were whether Johnstone could establish a compelling reason for bail and, if so, whether there was an unacceptable risk to the community if bail were granted.

The court examined the requirement to establish a compelling reason under the Bail Act 1977. Given Johnstone’s lack of prior convictions, the court considered the likelihood that the sentence would be less severe than the time already served on remand. The court determined that a compelling reason was established, focusing on the nature of the alleged offences and Johnstone's personal circumstances. In assessing the risk to the community, the court imposed stringent bail conditions aimed at mitigating any potential risk, including strict reporting requirements and electronic monitoring. Ultimately, the court concluded that the risk to the community was manageable with the imposed conditions, and granted bail accordingly.

The court’s decision hinged on a careful balancing of the compelling reasons for bail against the potential risk to the community. By imposing strict conditions, the court sought to ensure that any risk was minimised. The final orders included the release of Johnstone on bail, subject to the conditions imposed, pending the resolution of the underlying charges.