Re KF [2022] VSC 349

• Bail application for Aboriginal woman charged with serious offences including aggravated burglary and intentionally causing serious injury
• Evidence of impoverished, chaotic and dysfunctional childhood including violence and sexual abuse
• Mother died while applicant on remand and unable to participate in Sorry Business – daughter has unexpectedly died and applicant named senior next of kin – funeral arrangements stalled without presence of applicant – applicant has cultural obligation to participate in Sorry Business – participation crucial – impact of daughter’s death on poor health profound: at [32]
• Requirement of compelling reasons established through combination of circumstances: length of time and restrictive circumstances on remand – profound grief, sorrow and guilt associated with not being able to participate in Sorry Business for her mother and obligations as senior next of kin for daughter – unfortunate personal background – strong family support – availability of wraparound bail support services – applicant’s seemingly genuine commitment to abide by restrictions: at [40]

[48] The application of s 3A of the Act is centrally relevant to my consideration on the question of unacceptable risk in this case. The bereavement experienced by the applicant whilst on remand in respect of her mother and daughter, and the need for the applicant to finalise funeral arrangements for her daughter, should serve as an incentive to avoid doing anything that would return her to custody where she would be unable to participate in these important cultural obligations.