The Court refused bail to a 16-year-old child charged with murder, proceeding on the assumption (without deciding) that exceptional circumstances under s 4A(1A) of the Bail Act 1977 (Vic) may have been established, but holding that the prosecution had discharged its onus of proving unacceptable risk under s 4E. The unacceptable risk finding turned on the applicant's demonstrated willingness to engage in gang activity while armed, the absence of confirmed employment or Youth Justice supervision at the proposed interstate bail address in Queensland, the limited capacity of family members to monitor compliance, and the unavailability of electronic monitoring or equivalent protective measures interstate. The case illustrates that a proposed interstate bail residence, while potentially reducing association risks, may be counterproductive where it removes the applicant from available Youth Justice bail supervision services and limits the informant's ability to monitor compliance.
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