The 'unacceptable risk' test under s 4(2)(d) of the Bail Act 1977 (Vic) does not require proof on the balance of probabilities that the accused will reoffend; it requires a sufficient likelihood of the risk which, having regard to all relevant circumstances including the time before trial, makes the risk unacceptable. Financial and emotional hardship to the accused's family does not, without more, constitute 'sufficient cause' under s 4(4)(a). Where an accused has allegedly committed a similar offence while on bail, a prominent hypothesis of reoffending arises and the accused bears an evidentiary onus to displace it.
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