Johnson J held that the 'exceptional circumstances' test under s.9C Bail Act 1978 does not constitute a prohibition on bail for murder, and may be satisfied by a combination of factors including the relative weakness of the Crown case on the mental element of murder, strong subjective features of the applicant (no criminal history, good character, stable employment and family ties), and the absence of any ongoing threat to the community. The Court accepted that where a murder charge involves a motor vehicle and the central issue is the applicant's state of mind, and where the applicant is otherwise a person of good character with strong community ties, exceptional circumstances can be demonstrated. The decision also clarified that the statutory context of s.9C (pre-conviction) differs from s.30AA (post-conviction appeal), which is relevant to the threshold required.
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