KWLD v The State of Western Australia [No 2]

KWLD was convicted of a serious crime and sentenced to imprisonment. The applicant now seeks bail pending an appeal against the conviction and/or sentence. The State of Western Australia opposed the application. The central issue before the court was whether the applicant had established exceptional circumstances that warranted the grant of bail pending appeal. The court examined the nature of the offence, the applicant's history, the risk of reoffending, and the likelihood of the appeal succeeding. The court concluded that the applicant had not demonstrated exceptional circumstances sufficient to warrant the grant of bail pending appeal. The applicant's criminal history and the seriousness of the offence weighed against the grant of bail. Furthermore, the court found that the applicant's prospects of success on appeal were not compelling enough to warrant a departure from the general rule that bail is not granted pending appeal. The application was dismissed.