R v Sinanovic

In the matter of the Crown versus Sinanovic, the respondent applied for bail pending a special leave application to the High Court. The application was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the respondent had demonstrated the requisite special or exceptional circumstances to justify his release on bail while awaiting the outcome of the special leave application.

The respondent contended that the appeal had a strong chance of success, and therefore, bail should be granted. However, the court noted that the grounds for the appeal, at best, were barely arguable. The court held that to warrant the grant of bail in these circumstances, there must be an exceptional situation where it would be otherwise futile to proceed with the special leave application. The respondent had failed to meet this threshold, and thus, the application for bail was dismissed. The court's decision was grounded in the need to balance the respondent's right to liberty with the interests of justice and the potential impact of the appeal on the legal system.

The court ordered that the respondent remain in custody pending the determination of the special leave application. The reasoning for this decision was based on the principle that bail should not be granted if it would undermine the administration of justice or if the appeal's potential success is uncertain. The court concluded that the respondent had not provided sufficient grounds to warrant a departure from this principle, and therefore, the application for bail was refused.