R v Robert Flaherty

In the matter of the criminal proceedings against Robert Flaherty, the dispute before the court concerned his eligibility for bail pending the outcome of an appeal against his conviction. Flaherty had been convicted and sentenced, and he sought bail under the Bail Act 2013 while his appeal was being prepared. The legal issues the court needed to address involved whether special or exceptional circumstances existed that would warrant the granting of bail after conviction, despite the general rule against such bail. The court had to determine if there were grounds to lower the threshold on the prospects of success in the appeal, as suggested by various authorities.

The court considered the principles guiding the grant of bail after conviction, which typically require strong evidence of special or exceptional circumstances. In this case, the court examined whether the anticipated appeal had a realistic prospect of success, and if the delay in finalising the appeal would cause substantial injustice to the appellant. The authorities cited indicated that in particular cases, the threshold for granting bail could be lowered if the appeal had a substantial prospect of success and the delay in finalising the appeal proceedings would result in significant injustice. The court also noted the importance of the appeal being prosecuted with due diligence.

After careful consideration of the evidence and legal arguments presented, the court concluded that special or exceptional circumstances did exist in this case, justifying the grant of bail. The appeal had a substantial prospect of success, and the delay in finalising the appeal proceedings would cause substantial injustice to Flaherty. The court granted bail on the same conditions as those fixed at the conclusion of the trial, with an additional condition that the appeal be prosecuted with due diligence. The matter was referred to the Registrar at the Court of Criminal Appeal, and Flaherty was excused from appearing at the call-over provided he was legally represented.