The defendant, charged with domestic assault and having breached a prior non-contact bail order, applied to vary his current bail conditions to permit contact with his wife and child and to reside with them.
The court dismissed the application, finding no material change in circumstances that would warrant a variation.
Despite the complainant's recantation of her initial allegations, the court found her current testimony unreliable due to a clear power imbalance, potential coercion by the accused, and inconsistencies with her initial statements and corroborating evidence.
The court emphasized the public interest in protecting vulnerable individuals from domestic violence and the substantial risk of the accused reoffending given his history of violence across multiple domestic relationships and his disregard for court orders.
