DPP v Basic

The Director of Public Prosecutions sought a review of a grant of bail made by Grove J to the respondent. The respondent was incarcerated in New South Wales but had family ties and a legal defence based in Victoria. A warrant for the respondent's arrest had been issued in Victoria, and his appearance at trial in New South Wales might necessitate an application under the *Prisoners (Interstate Transfer) Act 1982*. The central issue before the Court of Appeal was whether exceptional circumstances existed, as required by section 9D of the *Bail Act 1978*, to justify the grant of bail.

The Court of Appeal considered the respondent's circumstances in light of the *Bail Act 1978*. It was acknowledged that the respondent's incarceration in New South Wales presented a practical impediment to his ability to prepare his defence and attend to his legal matters in Victoria. The Court reasoned that the need for the respondent to be present in Victoria to consult with his legal representatives and manage his affairs, coupled with the logistical complexities of his interstate incarceration, constituted exceptional circumstances. These circumstances weighed in favour of granting bail, despite the existence of the Victorian arrest warrant.

The Court of Appeal ultimately refused the application for review. The grant of bail made by Grove J on 27 November 2008 was confirmed, subject to the conditions imposed by his Honour. However, conditions 2, 3, and 9 of the bail undertaking were suspended for the duration of the respondent's custody in Victoria.