Re JB [2024] VSC 549

• Consideration of exceptional circumstances justifying grant of bail included reference to applicant’s youth and criminogenic impact of continued incarceration:

[36] Many of the factors in s 3B apply to JB’s application. For example, releasing JB on bail would allow the relationship between him and his parents to be strengthened or at least preserved, would promote his education, would minimise the stigma associated with incarceration, and would reduce the criminogenic risks of further incarceration, particularly for a child like JB, who is of Sudanese descent. There is evidence before the Court, which I accept, that JB presents as an impressionable young person, one easily influenced by peers. As a result, in JB’s case, the criminogenic impact of further time in custody is likely to be high. Further, releasing him on bail would give proper weight to the injunction that incarceration is regarded as a last resort for a child.