1A combination of factors — no criminal history, strong family support, availability of immediate admission to a residential inpatient rehabilitation program, and the limited duration of bail sought (coextensive with the treatment period) — was sufficient on the facts to establish exceptional circumstances under the Bail Act 1977 (Vic) Schedule 1, even for large commercial quantity drug trafficking charges.
2Where the prosecution's identified unacceptable risk (witness interference) has fallen away due to changed circumstances and no alternative basis for unacceptable risk is advanced, the court may find no unacceptable risk exists, particularly where the applicant has no prior offending and bail conditions effectively confine the applicant to a supervised residential facility.
3The court may impose bail conditions not sought by either party — here, a prohibition on mobile phone use — where reasonable having regard to the nature of the alleged offending and the applicant's own treatment program restrictions.
Case Details
Citation[2026] VSC 525
CourtVSC
JurisdictionVictoria
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