Forkin v The State of Western Australia

In the matter of Forkin v The State of Western Australia, the appellant sought bail pending an appeal against his sentence. The appellant had been convicted of attempted robbery and sentenced to 14 months' immediate imprisonment, following a second breach of an Intensive Supervision Order. The appeal was against both the severity of the sentence and the refusal of bail pending appeal. The court was required to determine whether the sentence was manifestly excessive, whether there was a reasonable prospect of success on appeal, and whether there were exceptional reasons why the appellant should not be kept in custody while the appeal was being heard.

The court considered the gravity of the original offence and the appellant's history of breaching supervision orders. It was noted that the appellant had a significant criminal history, which included breaches of community-based orders. The court examined whether the sentence was manifestly excessive by considering the sentencing principles applicable to the offence. The court found that while the sentence was severe, it was not manifestly excessive given the appellant's history and the nature of the offence. The court also considered the appellant's prospects of success on appeal, noting that the grounds of appeal were not without merit but were not likely to be successful. The court further deliberated on whether there were exceptional reasons why the appellant should not be kept in custody pending appeal, taking into account the appellant's history of non-compliance with supervision orders and the risk he posed to the community.

The court ultimately decided that the appellant was not entitled to bail. It held that while the sentence was severe, it was not manifestly excessive, and the appellant did not have a reasonable prospect of success on appeal. The court also found that there were exceptional reasons why the appellant should not be released on bail, primarily due to his history of breaching community-based orders and the risk he posed to the community if released. The court rejected the appellant's application for bail, and the appeal against the sentence was subsequently determined.