Re Males [2024] VSC 802

• Application for bail by Aboriginal woman charged with drug offences
• In considering whether exceptional circumstances justified bail took into account impact of incarceration of applicant on her children – referred to two chapters from Bugmy Bar Book: ‘Impacts of Imprisonment and Remand in Custody’ and ‘Incarceration of a Parent or Caregiver’.

[45] What is equally clear is that incarceration has a lasting impact on the families and children of the offender. The incarceration of a parent may impact negatively on the physical and mental health of the children of an offender, their development, education and employment outcomes. I reject the submission that Ms Males’ children are doing fine while their mother is on remand. The children of incarcerated persons are the ‘invisible victims’ of the criminal justice system. The parenting duties and the objective of keeping families together is a significant factor in any application. When I consider the historic separation of Aboriginal families, along with Ms Males’ own difficult family upbringing, I see no good reason to contribute to her continued incarceration at this stage. I therefore consider that there are exceptional circumstances justifying the grant of bail.