Quzag v The Queen (No 2)

In *Quzag v The Queen (No 2)*, the applicant, Quzag, sought a stay of a sentence imposed by the Supreme Court of the Australian Capital Territory on 12 February 2015, pending the determination of an appeal against that sentence. The application was heard by Refshauge J of the Supreme Court of the Australian Capital Territory.

The central legal issue before the Court was whether a stay of the sentence was necessary, specifically considering whether the applicant would have served the entirety of his sentence while on bail. This required the Court to assess the likelihood of the appeal succeeding and the practical implications of granting or refusing bail in light of the sentence length and the anticipated duration of the appeal process.

Refshauge J reasoned that a stay of a sentence pending appeal is an exceptional remedy. The Court considered the length of the sentence and the likely time it would take for the appeal to be heard. His Honour concluded that, given the circumstances, the applicant would likely have served the sentence before the appeal could be determined, rendering a stay unnecessary and the appeal potentially academic in that regard.

Accordingly, the Court declined to grant the stay of the sentence imposed on 12 February 2015.