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Supreme Court 17 July 2025

Jones v Director of Public Prosecutions (NSW)

[2025] NSWSC 810

Assault & violenceFirearms & weapons
CRIMINAL LAW RELEASE APPLICATION SHOW CAUSE EXTREMELY SERIOUS ALLEGATIONS CHILLING FLIGHT TO WESTERN AUSTRALIA

Citation: Jones v Director of Public Prosecutions (NSW) [2025] NSWSC 810
Court: Supreme Court of New South Wales
Date: 17 July 2025
Judge: Hamill J

Background

The applicant, a 38-year-old First Nations woman, faced two sets of charges. The first arose from the possession of a shortened firearm discovered during a police search in July 2024. After learning police were seeking her in relation to that offence, she allegedly evaded apprehension while an arrest warrant was on foot.

The second and more serious set of charges arose in approximately November 2024, while that warrant remained current. The applicant was charged in connection with an alleged joint criminal enterprise involving kidnapping, shooting, and other serious violence against a victim who survived. The applicant subsequently travelled to Western Australia and was later arrested there and extradited to New South Wales. She had been in custody since 25 November 2024.

Throughout her remand the applicant was pregnant. Just days before the bail application, she gave birth. The newborn was immediately separated from her, as the applicant's classification arising from the nature of the charges rendered her ineligible for the mother-and-baby programme at Jacaranda Cottage within the correctional system.

  • Whether the applicant had shown cause why her detention was not justified, as required under the Bail Act 2013 (NSW)
  • Whether, if cause was shown, any bail risks were "unacceptable" for the purposes of s 19 of the Bail Act 2013 (NSW)
  • What conditions, if any, would adequately mitigate identified bail risks

Decision

Hamill J characterised this as a case at the "extremely serious end" of matters requiring the show cause threshold to be met, noting the chilling nature of the alleged offending, the fact that the more serious charges were committed while an arrest warrant was on foot, and the applicant's subsequent flight to Western Australia. These features made the application particularly weighty.

Nonetheless, his Honour found the applicant had shown cause. The primary factor was the recent birth of her child and the enforced separation that continued remand would impose on both mother and infant. The court received material from the Bugmy Bar Book addressing the trauma caused by parental incarceration, with particular reference to the impact on First Nations families and the critical importance of early bonding. His Honour noted that this factor alone may have been sufficient to show cause, though it was reinforced by other considerations.

Those additional considerations included the applicant's lack of any prior convictions for violence, her previous compliance with bail conditions, the confined period over which the current offences allegedly occurred (representing what the court described as a dramatic departure from her prior conduct), and the substantial anticipated delay before trial, expected to extend well into 2026.

On the question of unacceptable risk under s 19, Hamill J was satisfied that the combination of strict conditions, the applicant's family support (including her mother's offer of accommodation and the presence of the newborn), and the absence of any history of violent offending reduced the risks to an acceptable level. The court acknowledged real bail concerns remained, including the flight risk, but concluded they did not reach the threshold of "unacceptable."

Orders Made

Bail was granted on the following conditions:

  • The applicant is to be of good behaviour
  • The applicant is to appear at the Local Court on 7 August 2025
  • The applicant is to reside at a specified address
  • The applicant is to report daily to a specified police station between 8am and 6pm
  • The applicant is not to leave her residence except in the company of her mother, to report to police, to attend legal conferences, to attend court, or to obtain emergency medical treatment
  • The applicant must be accompanied by her mother upon release from the correctional centre (pre-release condition)
  • The applicant is not to consume alcohol or enter licensed premises
  • The applicant is not to use illegal drugs or unprescribed medication
  • The applicant is not to contact specified co-accused or prosecution witnesses
  • The applicant is to comply with any medical treatment regime recommended by treating practitioners
  • The applicant is not to travel within 500 metres of any international point of departure
  • The applicant is not to apply for a passport or travel document (post-release condition)
  • One acceptable person (the applicant's mother) is to enter into a $3,000 bail agreement (pre-release condition)
  • The applicant must not possess or use any firearm or pistol
  • The applicant is to present at the front door of her residence when directed by police for compliance checks, subject to the rights of other occupants

Key Takeaways

  • Under the Bail Act 2013 (NSW), the show cause threshold does not operate as an absolute bar even in cases involving extremely serious allegations of violence, flight from police, and offending committed while an arrest warrant was current.
  • The enforced separation of a recently born infant from a remanded mother, particularly where the correctional system's own programmes are unavailable due to the applicant's classification, can constitute a compelling circumstance capable of showing cause.
  • Material from the Bugmy Bar Book concerning the particular impact of parental incarceration on First Nations families and on newborn children was placed before the court and treated as relevant to the show cause analysis.
  • Anticipated trial delay extending well into 2026, combined with a lack of prior violent offending and demonstrated prior compliance with bail conditions, contributed to both the show cause finding and the unacceptable risk assessment.
  • Strict conditions, including daily reporting, curfew enforced by house arrest terms, prohibition on international travel, a surety agreement, and a prohibition on possessing firearms, were imposed to address the real bail concerns the court identified but did not find unacceptable.

Legislation and Cases Referenced

Legislation:
- Bail Act 2013 (NSW), s 19

Secondary Materials:
- Bugmy Bar Book (incarceration of a parent or caregiver)

Cases cited: None cited in the judgment.