The Queen v Thompson

In *The Queen v Thompson*, Refshauge J considered an application for bail by Andrew Francis Thompson, who was appealing a sentence of imprisonment imposed on 20 March 2015. The central dispute concerned whether Thompson should be granted bail pending the determination of his appeal, and whether a stay of his sentence was necessary in the circumstances.

The primary legal issue before the court was whether special and exceptional circumstances existed to warrant the granting of bail and a stay of the sentence. This involved an assessment of whether the sentence of imprisonment would likely be served before the appeal could be heard and determined, and if so, whether this constituted a special or exceptional circumstance justifying departure from the usual practice of refusing bail pending appeal.

Refshauge J reasoned that the significant delay in the hearing of the appeal, coupled with the length of the sentence imposed, created a real risk that Thompson would serve a substantial portion, if not all, of his sentence before his appeal was heard. This potential for the appeal to become nugatory was considered a special and exceptional circumstance. Consequently, the court ordered that the sentence of imprisonment imposed on Andrew Francis Thompson be stayed until further order, and that he be granted bail pending the delivery of the decision in these proceedings or until further order, subject to specified conditions including residence, reporting to police, and a prohibition on approaching certain individuals or locations.