Incandela v The Queen (No 3)

The applicant, Incandela, sought bail pending the determination of an appeal against a sentence imposed by the Supreme Court of the Australian Capital Territory. This application was heard by Mossop J.

The central legal issue before the Court was whether the applicant had satisfied the criteria for granting bail pending appeal under the *Bail Act 1992* (ACT). Specifically, the Court was required to consider whether there had been a change in circumstances, or the emergence of fresh evidence or information, that would justify a review of the initial bail refusal.

Mossop J applied the principles established in *R v Smith* and the *Bail Act 1992* (ACT), which require a demonstration of changed circumstances or new material for a repeat bail application to succeed. His Honour found that no such change, evidence, or information had been presented by the applicant. Consequently, the Court concluded that the stringent test for granting bail pending appeal had not been met.

The application for bail and the application for review of bail were therefore dismissed.