Reference no: EM133530583

Problem: Maggie Smith is a 58-year-old disability care worker. She is a foreign national in the possession of a foreign passport. Maggie's overseas family depends on her income. To supplement her income, Maggie also works as a nanny for children with disabilities. She has so far saved AUD30,000.00, which she plans on using to build a house for her family in her home country. Maggie provides home care to Ursula Tobin, a 38-year-old woman who has a condition that makes her largely dependent on others and in need of constant supervision. Over time, Ursula's behaviour deteriorates, and she becomes aggressive. One day, Maggie prepares Ursula's lunch, when Ursula appears from behind holding a butcher's knife. Ursula lunges toward Maggie, attempting to stab her. Maggie reacts by hitting Ursula with a chopping board on the head. Ursula dies as a result of the injury inflicted by Maggie. Police arrest Maggie and charge her with murder under section 18(1)(a) of the Crimes Act 1900 (NSW). At the toxicology report, it is established that Maggie was severely intoxicated with alcohol. A medical report shows that Maggie has a cognitive impairment that affects her capacity to control her emotions. The police also discovers that Maggie has a prior conviction in Australia for assault causing actual bodily harm, under section 59(1) of the Crimes Act 1900 (NSW). You work for Western Sydney Lawyers and are asked to represent Maggie Smith. You are to set bail for your client. Justify your answer using sections from the Bail Act NSW 2013. Clarify which sections are used for the bail.