BI v The Queen

The applicant, BI, sought a stay of sentence and bail pending the finalisation of an appeal against a conviction and sentence imposed by the District Court of New South Wales. The application was heard by Robinson AJ in the Supreme Court of New South Wales.

The central legal issue before the Court was whether there were special or exceptional circumstances warranting the grant of a stay of sentence and bail to the applicant, notwithstanding the general rule that bail is not granted pending appeal after conviction and sentence.

Robinson AJ considered the principles governing applications for bail pending appeal, noting that such applications are exceptional and require the applicant to demonstrate special or exceptional circumstances. The Court reviewed the evidence presented by the applicant, which included submissions regarding the grounds of appeal and the applicant's personal circumstances. Ultimately, the Court found that the applicant had not established the necessary special or exceptional circumstances to justify departing from the usual course of the law.

The application for a stay of sentence and bail was therefore dismissed.