Sinanovic v The Queen (No 1)

This matter concerned an application for bail pending an application for special leave to appeal against a conviction. The applicant, Hakija Sinanovic, had been found guilty of dishonestly obtaining a diamond ring by deception, contrary to s 178BA of the Crimes Act 1900 (NSW). He was sentenced to a minimum term of 16 months imprisonment, with an additional term of 12 months. His appeal to the New South Wales Court of Criminal Appeal was dismissed. The applicant then sought special leave to appeal to the High Court. An application for bail made to the Supreme Court of New South Wales was refused. The application for bail was heard by Kirby J of the High Court.

The legal issue before the High Court was the principles governing the admission to bail of an applicant in circumstances where an application for special leave to appeal against a conviction has been made but not yet determined. Specifically, the court was required to consider whether the applicant had demonstrated exceptional circumstances warranting the grant of bail.

Kirby J applied the principles established for granting bail pending an application for special leave to appeal. These principles require the applicant to demonstrate that their case is exceptional, meaning that there are substantial prospects of success on appeal and that the circumstances are out of the ordinary. His Honour noted that the applicant had already had his conviction and sentence affirmed by the New South Wales Court of Criminal Appeal. After considering the written material and the refusal of bail by the Supreme Court, Kirby J concluded that the applicant had not established any exceptional circumstances that would justify granting bail.

The application for bail was dismissed.