MG v The King

[2025] VSCA 167

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Appeal against refusal of bail
4. › Unacceptable risk test
5. › Whether judge erred in finding unacceptable risk of reoffending and endangering safety
6. › Aboriginal child with intellectual disability
7. › Offences committed while on multiple grants of bail
8. › Bail Act 1977 (Vic), ss 1B, 3A, 3AAA, 3B, 4AA, 4A, 4D, 4E
1. Criminal Law
2. › Bail
3. › Surrounding circumstances
4. › Special vulnerability of accused
5. › Aboriginal person
6. › Child
7. › Intellectual disability
8. › Whether Disability Justice Plan materially different from Youth Justice supports
9. › Bail Act 1977 (Vic), ss 3A, 3AAA, 3B
1. Appeal
2. › Standard of appellate review
3. › Appeal from bail decision
4. › Application of House v The King principles
5. › Whether conclusion not reasonably open to primary judge

Quick Take

A Disability Justice Plan of Services that does not proffer additional programs and cannot compel engagement does not materially add to Youth Justice supports for the purpose of the unacceptable risk assessment under s 4E of the Bail Act 1977 (Vic), even where the accused is an Aboriginal child with an intellectual disability.

Case Details

Citation[2025] VSCA 167

CourtVSCA

JurisdictionVictoria

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Relies on5

2024FT (a pseudonym) v The KingVSCA 90
2021Re Hooper (No 2)VSC 476
2021HA (a pseudonym) v The QueenVSCA 64
House v RHCA 40
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