$30,000 cash bond to remain with the Supreme Court Registry

To reside at an address in Wannanup WA 6210 and not to change address without prior approval of the court and be present at that address between the hours of 8.00 pm and 5.00 am and present to the police at those hours at the direction of the police

To report to Mandurah Police Station (Open 24 Hours) every Monday, Wednesday and Friday between 6.00 am and 6.00 pm

Not to associate with nominees, associates or members of the any Outlaw Motorcycle Gang

To submit to random urinalysis testing as directed by Adult Community Corrections and provide a valid sample, with failure to attend or provide a valid sample or a positive sample being a breach of bail

Not to possess any illicit substances, including cannabis or non-prescribed medication

Not to possess any firearm, ammunition or offensive or prohibited weapon, replica or dangerous article

Not to leave WA and not to approach within 1 kilometre of any international or domestic departure point

Passport to remain surrendered and not to apply for any further passport

Not to allow any encrypted messaging application to be installed on any electronic device in his possession

...

To permit police to inspect any electronic device in his possession, including by providing, on request by a police officer, the password or access code to the device

1. PA has been subject to these bail conditions since 2 February 2024.
2. PA has now made a further application dated 1 November 2024 to vary his bail to allow him to travel to New South Wales (NSW) between 23 December 2024 and 6 January 2025 for the purpose of spending the Christmas period with his family. PA's application is supported by an affidavit sworn by PA's solicitor on 8 November 2024.
3. PA's solicitors have filed submissions dated 8 November 2024 in support of his application.
4. PA proposes that the following conditions apply if his bail is varied allowing him to travel to NSW:
   1. that he live at an address in Melonba in NSW which is PA's partner's mother's home address; and
   2. that he report regularly to the Riverstone Police Station.
5. The State opposes PA's bail variation application. In particular because it submits PA is a risk of flight and has no real ties to Western Australia.
6. The State has filed submissions dated 7 November 2024 opposing PA's bail variation application.

1. PA was born in Sydney, NSW, and has lived there his entire life before coming to Western Australia in November 2022.
2. All of his family including his mother, sister, brother, aunties, uncles and cousins reside in NSW.
3. Sometime after 11 April 2024 PA's mother was diagnosed with cancer which has a high risk of mortality.
4. PA's partner is also from NSW and all of her family are living in NSW.
5. PA has been with his partner for 10 years and they have two children together aged 6 and 7.
6. When PA was released on home detention, his partner and children moved to Perth to support him. It is their intention to return to NSW for the Christmas period, irrespective of PA's court outcome.
7. PA has no criminal record in Western Australia. He has a minor record of summary offences in NSW from 2020 to 2024 which are predominantly road traffic offences.
8. On 5 August 2024 PA was convicted of three further offences in Blacktown Local Court and fined a total of $1,100. There is no evidence of other outstanding charges against PA.
9. PA has one recorded breach of his bail conditions when he failed to attend urinalysis on 11 January 2024. His failure to attend was due to him spending time with his terminally ill father who passed away a week later. The State did not authorise PA's arrest and take action for the breach.
10. PA was previously permitted to travel to NSW in February 2024 to attend his father's funeral. He returned to Western Australia following the funeral.

1. My reasons to grant PA's application to vary his bail are as follows:
   1. PA is originally from NSW and his family will all be in that State over the Christmas/New Year period.
   2. The application if granted, will not allow PA to leave the country.
   3. A residential condition and a police reporting condition in NSW will allow the police to monitor PA's bail compliance for the 14 days he will be in NSW.
   4. PA under the terms of his bail has previously travelled to NSW and returned to Perth in compliance with that bail variation.
   5. Except for the one breach I have referred to PA has complied with his various bail conditions for approximately 20 months.
   6. When PA's bail has been varied by this court on four occasions, he has complied with his new conditions.
   7. PA has been subject to strict bail conditions for approximately 20 months and although the prosecution case is not weak against him, he is entitled to the presumption of innocence.
2. PA's bail is varied to include the following conditions:
   1. PA is allowed to travel to and reside in NSW from 23 December 2024 to 6 January 2025 inclusive for the purpose of spending the Christmas period with his family.
   2. Whilst in NSW PA is to reside at an address in Melonba, NSW.
   3. PA is to report to the Riverstone Police Station on Monday, Wednesday and Friday whilst in NSW.
   4. PA is to provide copies of his air tickets detailing his flights from Perth to NSW and from NSW to Perth to the office of the Director of Public Prosecutions of Western Australia.

I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.