In terrorism bail applications under s 15AA of the Crimes Act 1914 (Cth), a weak prosecution case combined with the applicant's youth, mental health diagnoses, and absence of criminal history can establish exceptional circumstances. However, even where exceptional circumstances are established, bail may be refused where the proposed attack involves a nihilistic assault on a public place, because electronic monitoring and house arrest conditions cannot adequately mitigate the risk — a person willing to carry out such an attack could leave the house and inflict harm before authorities respond. The assessment of unacceptable risk involves weighing the low likelihood of the threat being carried out against the potentially catastrophic consequences if it is.
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