The Court granted bail to an Aboriginal applicant charged with affray, possess drug of dependence and possess controlled weapon, finding a compelling reason existed and that the prosecution had not established unacceptable risk. Key factors included the real risk that time on remand would exceed any sentence imposed, the applicant's vulnerability in custody as an Aboriginal man with complex mental health needs and intellectual disability, triable issues in the prosecution case (uncooperative complainant, self-defence raised, incomplete disclosure), and the availability of extensive culturally appropriate support services including Gunditjmara Aboriginal Cooperative, a CCO with Justice Plan, and NDIS supports. The respondent conceded compelling reason was open and did not challenge the s 3A submissions.
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