Fares v Director of Public Prosecutions

McWilliam J of the Supreme Court of New South Wales considered an application for bail and a stay of sentence made by the appellant, Fares, pending his appeal against a sentence imposed by a lower court. The Director of Public Prosecutions opposed both applications.

The central legal issue before the Court was whether the circumstances presented by the appellant, specifically relating to family hardship, constituted "special or exceptional circumstances" that would warrant the grant of bail or a stay of sentence pending the determination of his appeal.

McWilliam J applied the principles governing bail pending appeal, which require the applicant to demonstrate special or exceptional circumstances justifying their release. The Court found that the family hardship described by the appellant, while regrettable, did not rise to the level of special or exceptional circumstances necessary to override the usual presumption against granting bail in such cases. Consequently, both the application for bail and the application for a stay of sentence were dismissed.