McRoberts v The Queen

McRoberts applied to the Supreme Court of the Northern Territory for bail pending an appeal against his conviction. The application was heard by Southwood ACJ.

The primary legal issue before the Court was whether McRoberts had demonstrated "special or exceptional circumstances" warranting the grant of bail under section 23A of the *Bail Act 1982* (NT). This required the Court to consider the prospects of success on appeal and whether there was a real risk of a miscarriage of justice if bail were refused.

Southwood ACJ found that McRoberts had not established special or exceptional circumstances. His Honour concluded that the prospects of success on appeal were insufficient to satisfy the threshold required by the Act. Furthermore, the Court determined that a real risk of miscarriage of justice had not been demonstrated at this stage of the appeal proceedings, nor was there evidence of real hardship that would justify granting bail.

Consequently, the application for bail was refused.