Fantakis v Director of Public Prosecutions

Fantakis was before the court on an application for bail pending appeal, having been convicted of murder. The applicant sought bail while his appeal against conviction was pending in the Court of Criminal Appeal. The legal issues before the court involved determining whether special or exceptional circumstances existed to justify granting bail pending the appeal, considering the delay in hearing the appeal and the length of the sentence yet to be served. The court needed to assess the proposed grounds of appeal to see if they were reasonably arguable, and balance these considerations with the length of the submissions and the applicant's potential danger to the community.

The court meticulously examined the grounds of appeal and their arguability, recognising that some grounds were reasonably arguable. However, the court also took into account the significant length of the sentence remaining and the considerable period until the appeal would be heard. The court held that, despite some grounds of appeal being reasonably arguable, the special or exceptional circumstances required to grant bail were not demonstrated. The court considered the appreciable concerns regarding bail and, ultimately, decided to refuse the application for bail pending appeal. The court’s decision was grounded in the need to balance the applicant’s right to a fair appeal with the protection of the community and the administration of justice.