Kelly v The Queen

In *Kelly v The Queen*, Stanley Kelly appealed against a sentence imposed on 28 April 2015. The appeal was pending, and Kelly sought a stay of his sentence and the grant of bail. The case came before Refshauge J.

The central legal issues before the court were whether special and exceptional circumstances existed to warrant a stay of the custodial sentence, and whether bail should be granted pending the hearing of the appeal. These issues were considered in light of the fact that Kelly had served a portion of his sentence, his non-parole period had expired, and the Sentence Administration Board had refused to grant him parole, alongside the delay in the hearing of his appeal.

Refshauge J reasoned that the combination of factors, including the significant delay in the hearing of the appeal, the expiry of the non-parole period, and the refusal of parole by the Sentence Administration Board, constituted special and exceptional circumstances justifying a stay of the sentence. Consequently, bail was granted to Kelly until the appeal hearing on 11 August 2015, subject to a comprehensive list of stringent conditions designed to ensure community safety and prevent any contact with the complainants or access to inappropriate material.