Fail to Comply
To establish guilt, the prosecutor must prove that the accused was bound to follow the
condition set out in the bail order, the accused breached the condition set out in the order,
and that the accused person intended to violate the bail condition. If the accused
accidentally violated a condition of his bail, he would not be guilty of violating his bail.
For example, if the accused was required to remain 500 metres from a specific address
and was found 480 metres from the address, it may be open to him to argue that he wasn’t
aware he had breached the distance condition of his bail. If believed, the accused would be
found not guilty of the offence.
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