Re Afr

The matter involved an applicant who had been convicted of one count of rape after a five-day trial and subsequently sentenced to six years imprisonment. The applicant sought bail pending the determination of an appeal against the conviction, scheduled for 13 May 2020. The application was made in the context of the ongoing COVID-19 pandemic, which had created exceptional circumstances warranting consideration.

The legal issues before the court were whether there were strong grounds to conclude that the appeal would be allowed, whether the sentence imposed would likely have been substantially served before the appeal was determined, and whether the applicant had demonstrated exceptional circumstances in light of the pandemic. The court had to balance the applicant's right to liberty against the interests of justice, including the need to maintain public confidence in the criminal justice system.

The court found that the applicant had not demonstrated strong grounds for concluding that the appeal would be allowed, nor had it been shown that the sentence would likely have been substantially served before the appeal was determined. While the COVID-19 pandemic was a relevant factor, it did not outweigh the need to maintain public confidence in the criminal justice system and the risk of reoffending if released on bail. The application for bail was, therefore, refused.