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Key Bail cases updated

We have updated our list of Key Bail Act Cases to include several cases from the Victorian Supreme Court on COVID-19, including Re Broes [2020] VSC 128, Re Lado [2020] VSC 132, Re McCann [2020] VSC 138 and Re Tong [2020] VSC 141.

  • In Re Broes [2020] VSC 128, the court considers the novel circumstances that now prevail in the criminal justice system as a result of the COVID-19 pandemic, and how that may constitute exceptional circumstances from the possibility of delay and lockdown.
  • In Re Lado [2020] VSC 132, the court was not persuaded that exceptional circumstances had been shown even considering the current health crisis facing the world.
  • In Re McCann [2020] VSC 138, the court stated that the spread of COVID-19 into the prison system is a circumstance the court must consider.
  • In Re Tong [2020] VSC 141- the Court concluded, as in Re Broes, that delay as the result of the COVID-19 pandemic had established exceptional circumstances sufficient to justify bail. It noted, however, that this was not something an accused should expect as a norm, it is simply part of the “surrounding circumstances” a court must consider.

Our Key Bail Act Cases can be found here.