Kember v The Queen

The applicant, Kember, sought bail pending the determination of his appeal against conviction. The application was heard by Mossop J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether exceptional circumstances existed to warrant granting bail, notwithstanding that the custodial portion of the applicant's sentence was due to expire before the appeal could be heard. This required an assessment of the prospects of success on appeal and any other relevant factors.

Mossop J reasoned that while the impending expiry of the sentence was a significant factor, it did not automatically necessitate the grant of bail. The Court considered the applicant's prospects of success on appeal, which were assessed as being very low. In light of this assessment, and the absence of other compelling special or exceptional circumstances, the Court concluded that bail should not be granted.

Consequently, the application for bail was dismissed.