The Supreme Court granted bail to a 23-year-old Aboriginal woman with no prior convictions charged with attempted aggravated burglary (Schedule 1), multiple thefts, burglaries and other offences, finding exceptional circumstances established through a combination of factors: her Aboriginality and associated disadvantage under s 3A of the Bail Act, absence of prior convictions, time on remand likely exceeding any sentence, significant mental health issues, trauma history, and engagement with treatment and cultural support services. The Court held that unacceptable risk of endangering safety or failing to surrender was ameliorated by bail conditions including a static address with her grandmother, non-association with the co-accused, drug and alcohol treatment, CISP supervision, and access to VAHS cultural support programs. The respondent conceded exceptional circumstances were open on the facts.
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