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Legislative Assembly for the ACT: 2003 Week 7 Hansard (25 June) . . Page.. 2441 ..

MR STEFANIAK (continuing):

The Legal Aid lawyer representing the defendant actually then went to the Supreme Court and, despite strenuous opposition from the police and the prosecution, the defendant was actually granted bail. There were real fears for the safety of the family-the Nomgchong family, it was.

The accused, within 36 hours, breached the conditions of his bail and grabbed his former de facto. Ultimately there was a hostage situation in Sydney. The lady concerned was very lucky she moved, otherwise she would have had all of her back blown away and been killed. As it was, she suffered severe injuries. The defendant was subsequently convicted of attempted murder and, I think, served about 10 years in prison. Quite clearly, if my legislation were enacted, as recommended by the Law Society, there would be a presumption against bail, which would assist the court.

Currently, in subsection 8 (2), there is a presumption in favour of the grant of bail, even in relation to the most serious offences. It is in these terms:

A person-

accused of an offence to which this section applies; or

to whom this section applies;

is entitled to be granted bail in accordance with this Act unless-

(c) the court or authorised officer is satisfied that, having regard to the matters referred to in whichever of section 22-

which deals with adult offenders-

and 23-

which deals with juvenile offenders-

apply to the accused person, the court or authorised officer is justified in refusing bail; or

(d) the requirement for bail is dispensed with under section 10.

There are some exceptions in the act. Subsection (1A), introduced by myself two years ago, is the very successful presumption against bail except in extraordinary special circumstances for offenders who are already up before the court and who commit further offences either whilst on bail or whilst they have charges pending. Subsection (1A) of section 8 indicates that the section doesn't apply to the grant of bail by an authorised officer to a person accused of a domestic violence offence or to the grant of bail in the other circumstance I have mentioned there.

Currently, the normal presumption of entitlement to bail, even in the most serious offences, is only displaced if the court or authorised officer is satisfied that a refusal is justified having regard to those matters referred to in sections 22 or 23. As the commission quite rightly points out:

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