R v Moore

In the case of R v Moore, the appellant was convicted of fraud and sentenced to imprisonment. The appeal against the conviction and sentence was to be heard at a later date. The appellant applied for bail pending the hearing of the appeal. The legal issues before the court were whether there were special or exceptional circumstances that justified the granting of bail, given the nature of the offence, the risk of flight, and the risk of interference with witnesses. The court also had to consider the substantial overdraft incurred due to a bank error, the lengthy delay between the trial and the appeal, and the unavailability of the trial transcripts.

The court considered the nature of the offence, the substantial overdraft, and the delay between the trial and the appeal. It noted that the overdraft was not a result of the appellant's actions and that the delay was due to the complexity of the appeal and the unavailability of the trial transcripts. The court found that the appellant had established special or exceptional circumstances and granted conditional bail. The court considered that the risk of flight and the risk of interference with witnesses were not significant, given the appellant's ties to the community and the unlikelihood of witnesses being influenced.

The court granted the appellant conditional bail pending the hearing of the appeal. The conditions included that the appellant reside at a specified address, report to a police station on a regular basis, surrender any travel documents, and refrain from contacting any witnesses. The court also ordered that the appellant provide a surety and that a bond be entered into in the sum of $50,000.

The final orders of the court were that the appellant be granted conditional bail pending the hearing of the appeal, subject to the conditions outlined above. The court noted that the appellant had a right to a fair trial and that the granting of bail was not an admission of guilt. The court also noted that the appellant's right to a speedy trial would be protected and that the appeal would be heard as soon as possible.