› Change of circumstances — Downgrading of charge after committal
Quick Take
1When assessing whether a compelling reason justifies bail under s 4C of the Bail Act 1977 (Vic), the downgrading of a charge from murder (requiring exceptional circumstances) to manslaughter (requiring compelling reason) is a material change in circumstances warranting reconsideration, particularly where the applicant has been on remand for over 13 months with no prior criminal history and operates a business on which dependants rely.
2Allegations of witness interference do not necessarily establish an unacceptable risk under s 4E where the alleged conduct occurred before or shortly after arrest, was unaccompanied by threats, the accused has since been charged over that conduct (bringing home the consequences), key prosecution witnesses have now given sworn evidence at committal or signed statements, and stringent bail conditions including monitored communications and a substantial surety are offered.
3A compelling reason need not be exceptional or irresistible; it is sufficient if, viewed in combination, the surrounding circumstances provide a forceful and convincing reason — one that is 'difficult to resist' — why continued detention is not justified, applying Rodgers v The Queen [2019] VSCA 214.
