Aggravated sexual assault (victim under 16): DPP v AB Bail

Key Words: Supreme Court bail – aggravated sexual assault (victim is under the age of 16 years), Crimes Act 1900 Section 61J(1) – attempting to have sexual intercourse with a child between 10 and 16, Crimes Act 1900 Section 66D – show cause, Bail Act 2013 Section 16A

Facts:

AB was accused of three counts of aggravated sexual assault against a single victim. In his previous Supreme Court bail application, AB was able to show cause why his continued detention was not justified. However, bail was refused due to the fact that the only available residence for AB was too close to the residence of the victim.

Outcome:

In this application for Supreme Court bail, a more suitable residence was available for AB. Emphasis was also placed on the fact that AB also suffers from a serious disease that affects his mobility and makes his time in detention more onerous than usual. Supreme Court bail was granted.

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