A combination of an applicant's special vulnerability (Aboriginal status and provisional autism diagnosis) and significant delay before trial (over 12 months, far exceeding any likely custodial sentence) can establish exceptional circumstances under s 4AA(2) of the Bail Act 1977 (Vic), even where the applicant has a significant criminal history and has allegedly offended while on bail. Stringent conditions prohibiting the specific type of offending conduct can reduce the risk to an acceptable level.
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