Should people charged with aggravated assault including rape, ever be granted bail in the NT ?

Response:

The issue of whether individuals charged with aggravated assault, including rape, should be granted bail in the Northern Territory (NT) is complex and involves balancing various legal, social, and ethical considerations. Here are some points to consider:

Arguments Against Granting Bail:

1. Severity of the Offense: Aggravated assault and rape are serious offenses that can result in significant harm to victims.
2. Risk to Public Safety: There is a concern that granting bail could pose a risk to the safety of the victim or the community.
3. Flight Risk: Individuals charged with serious crimes may have a higher incentive to flee to avoid prosecution.

Arguments For Granting Bail:

1. Presumption of Innocence: Every individual is presumed innocent until proven guilty, and bail allows them to prepare their defense.
2. Legal Rights: Denying bail can be seen as an infringement on an individual’s legal rights and could lead to potential injustices.
3. Bail Conditions: Courts can impose strict conditions on bail, such as no contact with victims, which can mitigate risks.

Current Legal Framework:

• In the NT, the decision to grant bail is often made on a case-by-case basis, taking into account factors such as the nature of the crime, past criminal history, and specific circumstances of the accused.

Conclusion:

The question of granting bail to individuals charged with aggravated assault, including rape, should be approached with caution, considering both the rights of the accused and the safety of the community. It ultimately depends on the balance of these factors as interpreted by the legal system in the NT.

My thoughts

The alleged offender had a raft of the most serious of charges pending.

He was bailed and apparently it was police instituted bail.

He was not required to wear an ankle bracelet.

A condition of his bail was that he remain in a remote community several hundred kilometres south of Darwin, and that he not travel to Darwin for other than medical reasons or court appearances.

One would doubt if he ever made it to the remote community and if he did, would hardly be welcomed with open arms.

It would seem that he was not required to periodically report at a police station as part of his bail conditions.

The NT Assembly has been recalled on Wednesday April 30 to pass more restrictive ‘judicial discretion‘ bail laws requiring greater consideration of community safety.

The Northern Territory, despite the efforts of our now eight months old CLP Government, continues to be strangled by crime.