Questione giuridica chiave
Whether the continued security detention pending opposition to the summary conviction was lawful and proportionate.
Decisione estratta
The detention could no longer be justified, because the risk of reoffending and public interest were insufficient in light of the circumstances and alternative protective measures were available.
Motivazione estratta
The offense had been committed at the ex-wife's home, the expected sentence was limited, and neither evidentiary needs nor flight risk were relied on. Continued detention therefore violated the constitutional requirements of legality, public interest, and proportionality.