Mokbel v The King

In the case of Mokbel v The King, the applicant, a prisoner serving a sentence for various criminal offences, applied for bail pending the outcome of an appeal against his conviction. The matter was heard in the Supreme Court of Victoria. The central issue was whether the circumstances of the case were truly exceptional, warranting the granting of bail. The applicant argued that the combination of his prospects of success on appeal, the findings of misconduct by Nicola Gobbo, and the availability of strict bail conditions, including electronic monitoring, constituted truly exceptional circumstances.

The court had to determine whether the applicant's circumstances were truly exceptional, considering the significant non-parole period he had left to serve, and whether he was an unacceptable risk to the community if released on bail. The applicant's prospects of success on appeal were influenced by the comprehensive findings of fresh facts in the reference determination and the issue of whether the global plea was impugned by Crown non-disclosure. The court also considered the availability of a substantial bail guarantee and the strict conditions proposed for the applicant's release.

The court found that the applicant's prospects of success on appeal, combined with the other matters, constituted truly exceptional circumstances. It was also determined that the applicant did not pose an unacceptable risk to the community if released on bail, given the strict conditions proposed, including electronic monitoring and the availability of a substantial bail guarantee. Consequently, the application for bail was granted.

The final orders included the release of the applicant on bail, subject to the strict conditions outlined by the court, pending the outcome of the appeal against his conviction. The applicant was also required to provide a substantial bail guarantee and adhere to the conditions of electronic monitoring.