Analysis of Bail Application for Mr. Slate under the Bail Act 2013

This document presents a bail application on behalf of Mr. Slate, who is charged with sexual assault under section 61L of the Crimes Act 1900. The application argues that Mr. Slate's actions were in good faith and related to his teaching role. It highlights the weakness of the prosecution's cas...Read More

APPLICATION FOR BAIL
BY
In favor of Mr. Slate

This is an application of which is being made in relation to MrSlate.
It has been provide through the provisions of section 16A of the Bail Act 2013 (Cth) that an
accused person has to show cause in relation to a few specific serious offences.
The bail is to be refused by the bail authority unless the accused person is able to depict why
the detention is unjustified.
The bail decision has to be made by the bail authority where the accused person can show
that his or her detention is unjustified under division 2 of the Act.
The applicant Mr Slate within the category of a show cause offence under section 16B (e)(i)
as the applicant has been charged under section 61L of the Crimes Act 1900 which is
punishable for a period of 5 years and thus is a serious indictable offence. The offence which
has been committed by the applicant is that of sexual assault. The applicant had been
charged with this offence as he was teaching his students in an acting class. The action
alleged had been committed by the applicant in good faith and in the pursuit of his teaching.
Conditions which may be applied by the court under the provisions of section 20A
Bail conditions under section 20A has to be imposed in situation where the bail authority
after assessing the bail concern is satisfied that there are identified bail concerns
The condition may be imposed if it is required to address a bail concern
The bail condition is proportionate and reasonable in terms of the offence
There are reasonable grounds to believe that the applicant will comply with the bail
conditions

Matters which have to be considered as a part of the assessment are provided in section 18 of
the BA.
The accused person has a background of criminal history as he had been previously charged
under thus section but nothing has been proved. The criminal history of Mr Slate is in
relation to the same offence which he has committed in relation to Belle Brown.
The nature of the offence which is a sexual assault and has been committed by the person is
serious but the applicant has been charged of such offence while he was in an acting class
and such acts are part of acting
The strength of the case presented by the prosecution is weak as they have no grounds to
show that the conduct was in bad faith. This is because the applicant had totally acted in good
faith with committing the acting and it would be unfair to detain the applicant for the alleged
action. If this is done it would be against the notion of justice.
The applicant has no history of violence. The applicant is a 62 year old actor who has not
been a part of any violent activity in the past other than the above mentioned alleged offence
which he had actually not committed and had been provided bail for it.
The applicant has not committed a serious offence when on bail although he had mistakenly
violated a warning of not contacting a person. He had been provided a warning that he should
not be contracting Ms Brown on any situation as a bail condition. The message which was sent to
Ms Brown was totally a mistake of fact and unintentional which have also been believed by the
police.

The accused person has complied with bail condition although he had mistakenly violated a
warning of not contacting a person it was a mere mistake. A condition may be imposed on
the applicant of not leaving the country during the trial which are allowed under the
provisions of section 29 of the Act. In this situation there is no unacceptable risk that the
applicant would be not abide by bail condition if your honor provides the applicant with the
bail. The applicant would ne ready to accept any bail condition as your honor deem fit and be
ready to abide by them.
Warning had been provided by the police to applicant in relation to the mistaken breach of
bail application which has been considerably and diligently followed by the applicant. This
signifies the good faith and diligence which the applicant has in relation to the legal system.
The applicant has no criminal associations therefore he does not pose any threat to the
society at all.
If bail is refused the applicant may have to spend a considerable time in jail. The time may be
that of five years and this will be totally against the notion of natural justice.
It is very unlikely that the applicant would be provided with a custodial sentence if he is
convicted and if the applicant is put in jail natural justice principles would be violated.
It is unlikely that the applicant would be provided with a custodial sentence where he is
accused but not sentenced. The applicant has significant prospects of success in relation to
the pending proceedings. The person has special vulnerability because of his old age of 62

The accused has to be free for obtaining legal advice as he has no partner to do so. If the bail
application is granted the applicant would have the opportunity to contact a legal advisor and
for his case in the pursuit of justice.
There is no adverse conduct of the applicant in relation to the victims of its family members
Safety of no victim would be compromised through the release of the applicant from custody.
A condition can be imposed that the applicant does not contract the victim or her family
which is allowed under the provisions of section 25 of the BA.
There is no risk which the applicant poses to the society if he is released on bail
As there is no unacceptable risk the applicant has the right to be released which is subjected
to the mercy of your Honor.
If Your Honour has no further questions, that completes my submissions.’