The 'exceptional circumstances' test under s 4A of the Bail Act 1977 (Vic) requires not merely that circumstances be exceptional, but that they justify bail by reference to the need to prevent or mitigate future injustice from continued pre-trial incarceration. Time served under a conviction subsequently quashed is not pre-trial delay. Past injustice from a corrupted trial, and hardship suffered during resulting incarceration, do not of themselves compel the conclusion that continued incarceration pending retrial is unjust. The absence of unacceptable risk removes an obstacle to bail but cannot of itself provide affirmative justification.
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