Re Morant

In the case of Re Morant, the applicant, having been convicted of counselling suicide and aiding suicide, sought bail pending an appeal against the conviction and sentence. The applicant was sentenced to ten years imprisonment for counselling suicide and six years for aiding suicide, to be served concurrently. The Court of Appeal was required to determine whether there were strong grounds for concluding that the appeal would be allowed, whether the sentence imposed would likely be substantially served before the appeal was determined, and whether the applicant had demonstrated exceptional circumstances given the ongoing COVID-19 pandemic and the applicant’s age and underlying medical condition.

The Court of Appeal found that there were no strong grounds for concluding that the appeal would be allowed. The applicant had not demonstrated that there was any real prospect of success on appeal, particularly in light of the trial judge’s findings and the evidence presented. The Court also determined that the applicant had not shown that the sentence imposed would likely be substantially served before the appeal was determined. Additionally, the Court found that the applicant had not demonstrated exceptional circumstances warranting bail in the context of the ongoing COVID-19 pandemic and the applicant’s age and underlying medical condition. The Court considered the seriousness of the crimes and the need for deterrence and community protection.

The Court of Appeal ultimately refused the application for bail. The Court emphasised the importance of the principles of bail and the need to balance the rights of the applicant with the interests of the community. The Court concluded that the applicant had not satisfied the criteria for bail pending appeal.