HD v The Queen

HD (the applicant) sought bail pending the determination of an appeal against a sentence imposed by the District Court. The applicant had been convicted of several offences, including aggravated robbery, receiving stolen property, riding in a motor vehicle without consent, and breaching a Good Behaviour Order. The appeal concerned the sentence imposed for these convictions.

The primary legal issue before Refshauge J was whether the applicant had demonstrated special or exceptional circumstances justifying the grant of bail pending appeal. This required consideration of the applicant's prospects of success on appeal, the length of time the applicant had already served in custody, and the potential for the appeal to be heard before the applicant would have served the entirety of their sentence.

Refshauge J considered the principles governing the grant of bail pending appeal, particularly the requirement for special or exceptional circumstances. His Honour noted that while the applicant had served a portion of the custodial sentence, this alone was not sufficient to establish such circumstances. After reviewing the material before the court, Refshauge J concluded that the threshold for special or exceptional circumstances had not been met.

Consequently, the application for bail was dismissed.