When our client, David*, was arrested again, it was on the strength of a brand new offence that barely existed a year earlier. NSW had just criminalised coercive control, and David was facing it for the first time.
He had one earlier matter still working its way through the courts. Importantly, he had no history of violence findings against him. Being refused bail meant custody on a charge that was, in a very real sense, untested law.
Additional arrest
David’s earlier matter involved allegations from a previous relationship. For these charges, he had been before the courts for some time and the matter remained undetermined. He was on bail for that matter, subject only to a condition that he notify the court of any change of address.
Later that year, David was arrested again. This arrest related to a new set of historical allegations from a different former partner. The allegations were extensive and were ultimately put to the court in a lengthy written statement.
Coercive control charges in Sydney
David was charged with coercive control, an offence created by the Crimes Legislation Amendment (Coercive Control) Act 2022. It commenced on 1 July 2024 and carries a maximum penalty of 7 years’ imprisonment. However, the Director of Public Prosecutions can elect to have it dealt with in the District Court, which is exactly what happened here.
As David was already on bail for a separate matter at the time of this arrest, and because of the nature of the new charge, he was classified as a “show cause” offender. That meant the legal starting point was that bail should be refused unless he could show cause why his detention was not justified. This is a higher bar than the usual unacceptable risk test alone.
Defending Coercive Control Charge
Our Senior Associate, and top Criminal Solicitor, Elliot Rowe, appeared on David’s behalf at his first bail application. He argued his limited history and the absence of any prior violence convictions. Additionally, he proposed surety from a family member. At this time, the court refused bail.
Our top Criminal Lawyer, and instructing solicitor on the case, Sidnie Sarang, continued to manage David’s file closely. She coordinated the fresh evidence that would support a renewed bail application.
Our criminal team immediately began preparing an application to the Supreme Court. We also identified an avenue to go back to the Local Court under section 74 of the Bail Act 2013 (NSW), a change in circumstances application. This second attempt relied on fresh material including an updated report from David’s psychologist.
The court accepted that section 74 was satisfied on the strength of this new material, which meant David’s show cause and unacceptable risk arguments could be properly argued on their merits.
Our Principal Solicitor, Peter O’Brien, then addressed the court at length. He worked through the prosecution’s own statement in detail to identify inconsistencies and unsupported claims, addressing the show cause test directly, and setting out David’s circumstances, including:
- his fragile mental health,
- his first time in custody,
- and his compliance with his existing bail conditions up to that point.
Ultimately, a set of strict conditions was enough to satisfy the court.
Read more of our successful criminal law case studies: https://obriensolicitors.com.au/criminal-law-case-studies/
Outcome of case
In the end, bail was granted for our client. David was released to his family under strict conditions, including a significant surety, close supervision, and daily police reporting.
That result meant David could properly instruct his solicitors, engage with his own evidence, and prepare his defence to a charge that is still genuinely new law in NSW, rather than doing so from a cell. His matter remains before the courts and has since been listed for a further mention.
Need a criminal lawyer for a bail application?
Being refused bail, especially on a new or unfamiliar charge, does not mean the fight is over. A change in circumstances, fresh material, or a fresh set of eyes on the prosecution case can make the difference between custody and being able to properly prepare your defence.
Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.
