PW v The Queen

The applicant, PW, sought bail pending the determination of his appeal against conviction and sentence. The application was made pursuant to s 23A of the *Bail Act 1982* (NT), which requires the applicant to demonstrate the existence of special or exceptional circumstances to be granted bail in these circumstances.

The primary legal issues before the Court were whether the applicant had established special or exceptional circumstances justifying the grant of bail, and whether the prospects of success on appeal were such that it would be unjust to require the applicant to serve the majority or whole of his sentence before the appeal was heard. The Court also considered the concept of a "presumption of guilt" in the context of bail applications pending appeal.

Graham AJ found that the applicant had not satisfied the requirements of s 23A of the *Bail Act 1982* (NT). His Honour noted that the prospects of success on appeal were not strong enough to warrant the grant of bail, and that the applicant had not demonstrated any special or exceptional circumstances. The Court held that the mere fact that an applicant might serve a significant portion of their sentence before an appeal is heard does not, in itself, constitute a special or exceptional circumstance. The application for bail was refused.