1The absence of unacceptable risk under s 4E of the Bail Act 1977 (Vic) is an important matter in determining whether a compelling reason exists under s 4AA(3), applying Re Lesslie [2024] VSC 568 and Re Gloury-Hyde [2018] VSC 393, with equal if not more force in the compelling reason context than in the exceptional circumstances context.
2Section 3A of the Bail Act 1977 (Vic) requires substantive engagement with the systemic over-representation of Aboriginal persons in custody and the compounding harms of incarceration; the statutory factors are not merely a checklist and reach beyond the personal circumstances of the individual applicant.
3On the facts, a combination of the applicant's serious physical ill health making custody more onerous, Aboriginality, stable accommodation, triable issues on the manslaughter charge (which was not a serious example of the offence), absence of prior convictions for serious violent offences or trafficking, and the finding of no unacceptable risk, together established a compelling reason despite an extensive criminal history and poor compliance record.
