A traumatic brain injury causing cognitive deficits that compromise decision-making capacity, combined with the absence of prior criminal history, youth, supportive family, and availability of residential drug treatment, can constitute exceptional circumstances justifying bail for Schedule 1 drug trafficking offences under s 4A(1) of the Bail Act 1977 (Vic). Residential drug rehabilitation with strict monitoring and reporting obligations can adequately ameliorate the risk of reoffending while on bail, even where the applicant allegedly committed further offences within days of a prior grant of bail.
The full text is available to signed-in members, including the 45 later cases that cite this judgment.
7 of the 45 citing cases carry a classified treatment. How each court treated it is available to signed-in members.