The pregnancy of an applicant's partner, while causing hardship, is a circumstance of a type that can affect many bail applicants and does not constitute an exceptional circumstance under the Bail Act 1977 (Vic), either alone or in combination with potential (as opposed to actual) delay. Where an accused participated in a joint enterprise involving robbery with a firearm and the firearm unintentionally discharged killing the victim, there is at least force in the Crown argument that the fatal act falls within the common concert, such that the Crown case cannot be characterised as weak for bail purposes.
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