Quzag v The Queen

In the matter of *Quzag v The Queen*, Mohanad Quzag applied for bail pending the determination of his appeal against a sentence imposed by the ACT Supreme Court. The original sentence followed his conviction for cultivating a traffickable quantity of cannabis.

The primary legal issue before Refshauge J was whether special or exceptional circumstances existed to justify granting bail. This required consideration of the prospects of success on the appeal, the potential for the custodial portion of the sentence to be fully or substantially served before the appeal was heard, and the parity of his sentence with those of co-offenders.

Refshauge J reasoned that the appeal raised arguable grounds concerning the sentencing judge's approach to the combination sentence and the parity with co-offenders, suggesting a real prospect of success. Furthermore, the time likely to elapse before the appeal was heard meant that a significant portion of the custodial sentence could be served, which, in combination with the arguable grounds, constituted special or exceptional circumstances warranting bail. The court ordered that Mr Quzag be granted bail subject to a number of conditions, including a surety, supervision, residence, daily reporting, prohibition on illicit drug use, submission to urinalysis, diligent prosecution of the appeal, and reporting to ACT Corrective Services upon release.