Re Cassar [2026] VSC 22 | Case summary

Supreme Court of Victoria|2026-01-30|Before: Elliott J

For the reasons stated, Cassar has established exceptional circumstances. Further, it has not been established there is an unacceptable risk that Cassar would, if released on bail, endanger the safety or welfare of persons in the community by committing an offence that has that effect or by any other means. Accordingly, bail must be granted.
Bail will be granted substantially in the form of the conditions set out above, but a bail guarantee will not be included.[29]

[2] This former coordinator at the Outreach Program also provided a letter dated 12 January 2026 in support of Cassar's application for bail.

[4] Cassar's withdrawal medication pack commenced on 9 January 2026 and was not due to be completed until 14 January 2026.

[5] Following discussions with the Court Integrated Services Program, a decision was made to refer Cassar to the Youth Justice Supervised Bail Service in lieu of the Court Integrated Services Program.

[7] Bail Amendment (Tough Bail) Bill 2025 (Vic), Explanatory Memorandum, cl 4.

[8] Re SL [2025] VSC 571, [35] (Incerti J).

[9] Re Cartledge (Bail Application) [2025] VSC 177, [41] (Taylor JA).

[10] Bail Act, sch 1, item 3B.

[13] See, for example, Re Brown [2019] VSC 751, [65] (Lasry J), and the cases there cited.

[18] Hall v Pangemanan [2018] VSC 533, [25] (Croucher J).

[20] Ibid, ss 4A(3), 4E(3)(a).

[23] See par 28 above.

[24] See par 21 above.

[25] No surety had been required to be provided as a condition of any grant of bail made in respect of a co-accused as at the time of this application being heard.

[26] Bchinnati v Director of Public Prosecutions (No 2) [2017] VSC 620, [69]-[70] (Croucher J).

[29] See par 40 above.

Re Cassar [2026] VSC 22 (3 February 2026)

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