The cancellation of a visa and consequent immigration detention, while relevant to a bail application as reducing community risk and flight risk, is insufficient on its own or in combination with other factors to establish special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW). The defence of necessity for escape from lawful custody requires demonstration that escape was the only reasonable alternative given the imminence of the threat, and the prosecution bears the onus of disproving the defence once raised.
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