STEVEN WAYNE HILLIER

The applicant, Steven Wayne Hillier, sought bail pending the rehearing of his appeal to the Court of Appeal. Hillier had previously been convicted of murder and sentenced, but his appeal to the Court of Appeal was successful, leading to the conviction being set aside. However, the High Court subsequently ordered that the appeal be reheard.

The central legal issue before Connolly J was whether there were any special circumstances justifying the grant of bail to Hillier pending the rehearing of his appeal. The court was required to consider the principles governing the grant of bail in such circumstances, particularly where a conviction had been overturned and a rehearing ordered.

Connolly J reasoned that the mere fact that an appeal had been successful and a rehearing ordered did not, in itself, constitute special circumstances warranting bail. The court applied the established principle that bail pending appeal is an exceptional measure, and the applicant bears the onus of demonstrating circumstances that take the case out of the ordinary. In this instance, no such special circumstances were identified.

Consequently, the court ordered that the application for bail be refused and recommended that the prisoner remain in custody at the Belconnen Remand Centre pending the determination of his appeal.