Bunyan v The King

In the case of Bunyan v The King, the applicant, Mr Bunyan, sought bail after being convicted of two sets of offences, but prior to being sentenced. The primary issue before the court was whether section 22B of the Bail Act 2013 (NSW) applied to the applicant's situation. This section generally prevents bail for an offender after conviction but before sentence if there is an indication that the offender will seek to withdraw their guilty plea. The court had to consider whether the provision applied given Mr Bunyan's intention to potentially withdraw his plea, and if so, whether there were special or exceptional circumstances that warranted a departure from the general rule.

The court determined that section 22B did apply in this case due to Mr Bunyan's indication that he would seek to withdraw his plea. It was noted that being sentenced to imprisonment to be served by full-time detention was forward-looking from the time of sentence, and thus fell within the ambit of the section. The court also considered whether there were special or exceptional circumstances to allow bail. These circumstances were defined as those that would make it just and equitable to grant bail, notwithstanding the general rule. The court took into account that Mr Bunyan had been offered a place in a residential drug rehabilitation program, which it deemed significant in this context. Ultimately, the court found that the applicant had not demonstrated that the special or exceptional circumstances were sufficient to warrant bail under the Act.

The court's reasoning led to the conclusion that Mr Bunyan did not meet the criteria for bail under section 22B of the Bail Act. The court found that the risk of absconding and undermining the administration of justice outweighed the potential benefits of bail. The application for bail was therefore dismissed. No orders were made regarding the applicant's eligibility for the drug rehabilitation program, as the court's decision focused on the bail application.