The absence of unacceptable risk is not, of itself, capable of constituting exceptional circumstances under s 4A of the Bail Act 1977 (Vic), though it may be taken into account in combination with other surrounding circumstances. Hardship to an applicant and family, absence of criminal history, and potential pre-trial delay of approximately two years are not exceptional where the applicant is charged with serious drug offending, as such circumstances are all too common in cases where persons of previously unblemished character are alleged to have engaged in serious drug offending. The two-step process under the Act (exceptional circumstances, then unacceptable risk) must not be collapsed by treating the absence of risk as itself establishing exceptional circumstances.
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