Re MG

The case involved a seventeen-year-old intellectually disabled Aboriginal applicant who was seeking bail in relation to multiple charges, including two counts of aggravated burglary, and other offences. The respondent opposed the bail application on the grounds that the applicant posed an unacceptable risk to the community. The matter was heard in the Children's Court of Victoria. The central issue before the court was whether the exceptional circumstances test was satisfied, and whether the applicant posed an unacceptable risk to the community. The court had to consider the applicant's history of bail breaches, his refusal to accept the supervision and support of Youth Justice, and the nature of the current alleged offences.

The court determined that the exceptional circumstances test was applicable, as the respondent conceded that it was open to the court to find exceptional circumstances. The court found that exceptional circumstances were made out, but that the applicant posed an unacceptable risk to the community. The court considered the applicant's poor performance on previous grants of bail, his refusal to accept supervision and support from Youth Justice, and the risk that he would not abide by the conditions of bail. The court also noted that the recent changes to the Bail Act 1977 made the safety of the community of overarching importance. The court concluded that the risk of the community being endangered and the significant risk that the applicant would not abide by the conditions of bail made out an unacceptable risk.

The court refused bail to the applicant, finding that the exceptional circumstances were not sufficient to overcome the unacceptable risk to the community. The court ordered the applicant to remain in custody until the next court appearance.