Walker v The Queen

This matter concerned an application for bail pending a hearing for special leave to appeal before the High Court of Australia. The applicant, Mr Walker, sought bail, with his counsel conceding that the circumstances were "exceptional". The respondent was the Crown, represented by the Director of Public Prosecutions, Queensland.

The primary legal issue before the Court was whether the applicant had demonstrated exceptional circumstances warranting the grant of bail pending his application for special leave to appeal. This involved considering the principles governing the grant of bail in such situations, particularly when an appeal, if successful, might render the sentence already served by the applicant as the full extent of his punishment.

The Court considered authorities such as *Hayes* and *Cooper*. In *Hayes*, Chief Justice Mason expressed doubt that an applicant having been out of custody and then returned to it would alone induce the grant of bail, noting that bail is not granted in every case where a successful appeal would lead to acquittal or no imprisonment. However, the Court also examined *Cooper*, where Justice Fullagar granted bail based on exceptional circumstances, including the shortness of the sentence (two months imprisonment) and the fact that the applicant had already served several months in gaol. This meant that if the appeal were successful, the applicant might have already served the full sentence, rendering any success on appeal ineffectual in alleviating his punishment. The Court noted that it was material to consider the general nature of the evidence and grounds of appeal, without delving into their merits.