Incandela v The Queen (No 2)

The applicant, Incandela, sought bail pending the determination of his appeal to the Court of Appeal. This was a repeat application for bail.

The central legal issue before Kennett J was whether the difficulties faced by the applicant in preparing his appeal, while unrepresented and incarcerated, constituted special or exceptional circumstances warranting the grant of bail.

Kennett J reasoned that while the applicant's unrepresented status and incarceration presented challenges, these were not of themselves sufficient to establish special or exceptional circumstances. The court considered the nature of the appeal and the applicant's ability to prepare it from custody. Ultimately, Kennett J concluded that the threshold for granting bail in these circumstances had not been met.

Bail was refused.