Sharma v The Queen

Sharma appealed against a conviction and sentence imposed by the Supreme Court of the Australian Capital Territory. The appeal concerned the applicant's eligibility for bail pending the determination of his appeal against that conviction and sentence.

The central legal issue before the Court was whether the applicant having substantially served the full-time custodial portion of his sentence prior to the determination of his appeal constituted a "special and exceptional circumstance" for the purposes of granting bail under section 9E of the *Bail Act 1992* (ACT). The Court was also required to consider the relevance of the prospects of success of the appeal itself in this determination.

Murrell CJ reasoned that the substantial service of the custodial sentence was a significant factor, particularly when viewed in conjunction with the potential for the appeal to succeed. The Court applied the principles governing the grant of bail pending appeal, acknowledging that while substantial service of a sentence is not determinative, it can, in certain circumstances, weigh heavily in favour of granting bail, especially where there are arguable grounds of appeal. The Court concluded that the combination of these factors presented a special and exceptional circumstance justifying the grant of bail.

Consequently, the Court ordered that the sentence be stayed and that bail be granted to the applicant, subject to certain conditions.