The charges that have been set upon Powers must be shown cause to be able to move beyond the Show Cause test based on the charges against the defence. Mr Power has been charged with Causing grievous bodily harm with intent to cause grievous bodily harm (s33(1)(b) of the Crimes Act 1900 (NSW)), which are heavy allegations that need to be sort out. Firstly there are 3 Show cause offences that are applicable in this situations against Powers, that is Public Violence Offence, Possession and Use of firearms causing grievous bodily harm (max 14 years jail). Has Powers committed a Show cause offence? Public Violence Offence Prosecution must prove beyond reasonable doubt that the offence is a Personal violence offence per the Bail Act 2013 s16 B (c) in order to determine whether it is a show cause offence. Although Mr Powers offence is an infliction of Grievous bodily harm, as per the Bail act 1, the act states that the 'offender must be a repeat offender in order for the offence to be a personal violence order' in which in this case it is not. Therefore the offence is not a show cause offence due to legislation requiring the offender to be a repeat offender to be deemed a Personal Violence Offence. Possession of Fire arms The prosecution must prove beyond reasonable doubt that the defendant had obtained/ was in possession of a Fire arm and discharged the firearm with intent to perform grievous bodily harm on victim Cheng as per Bail act 2013 s16 B (d)(ii) and Firearms act 1996(NSW). 1) Bail Act 2013 [NSW]
Since Power does not hold a fire arms license, therefore he is in violation of s15 of the Fire arms act 1996. With a maximum jail time of 14 years this violation is also a show cause offence which must be defended against to be applicable for bail. Therefore the offence of possession of a fire arm is applicable under the bail act s16 B (d)(ii) thereby needing to show cause for the offence. The offence is also in violation of the Crimes Act 1900 Part 3A section 93(I)1 for having am unregistered fire arm in public place. The prosecution now has to prove beyond reasonable doubt that Mr power did in fact have a fire arm which has not been stated in the report. No solid evidence limits the prosecutions case against Mr Powers thereby the accused the advantage only needing to show cause. The Defendant shows cause by using his past criminal history and his mothers current state of health to be examples of why his sentence is unjustified as he is less of a risk to society. Use of a Fire arm Prosecution must prove beyond reasonable doubt that the defendant has violated Part 3A s93(g) of the Crimes act1. The allegation against power is that he caused grievous bodily harm. This has a maximum sentence of 14 years which has a severe detriment to his mum health. Serious indictable