JMM had been granted bail pending several charges. The DPP made a detention application in an attempt to revoke JMM’s bail. The charges related to an incident in which JMM, intoxicated, had threatened to shoot the victim and had raised a loaded shotgun to the victim’s head.
The judge in the Court of Criminal Appeal found that O’Brien Solicitors had shown cause as to why JMM’s detention was not justified. Relevant to this finding was the fact that JMM was 65 years of age, had no history of violent offending. Furthermore, given the infrequency of sitting at the Local Court at Wee Waa, there was the possibility that – if JMM’s bail was revoked – his pre-sentence custody may well exceed any custodial sentence. The Court of Criminal Appeal then found that JMM was not an unacceptable risk to the community. As such, the DPP’s detention application was refused.