The Supreme Court granted bail to an applicant charged with prohibited person possess a firearm (a Schedule 2 offence attracting the compelling reason test) where the applicant demonstrated significant mental health vulnerabilities, physical disabilities, and the availability of an intensive 90-day inpatient residential rehabilitation program. The Court found compelling reasons were established by the combination of the applicant's vulnerability, the availability of treatment, the context of the offending as a suicide attempt, and the prospect that remand time could exceed any sentence imposed. The unacceptable risk of further offending was held to be adequately mitigated by strict bail conditions including residence at the treatment facility, compliance with staff directions, and judicial monitoring.
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