Re El-Refei (No 2)

In the case of Re El-Refei (No 2), the applicant sought bail on the basis of new facts arising from the COVID-19 pandemic. The applicant, charged with a serious criminal offence, was already on an adjourned undertaking at the time of the alleged offending. The case was heard in the Supreme Court of Victoria, with the judge considering whether the pandemic constituted exceptional circumstances warranting the grant of bail.

The legal issues before the court were whether the COVID-19 pandemic constituted exceptional circumstances and whether the applicant posed an unacceptable risk to the community if released on bail. The court had to assess the applicant's history of non-compliance with court orders, the nature of the alleged offence, and the likelihood of the applicant appearing in court if granted bail.

The court found that the COVID-19 pandemic did not constitute exceptional circumstances sufficient to warrant bail. The applicant's history of non-compliance with court orders and the serious nature of the alleged offence weighed against bail. The court concluded that the applicant posed an unacceptable risk to the community, regardless of the exceptional circumstances. Consequently, the application for bail was refused. The court's decision was based on the provisions of the Bail Act 1977, particularly sections 1B, 3AAA, 4A, 4AA, 4D, 4E, and 18AA.