Williams v The Queen

The applicant, Williams, applied for bail pending appeal against his conviction and sentence for a number of serious offences. He was already on bail for those offences when further allegations of serious offences arose. The respondent, The Queen, opposed the bail application on the basis that the applicant had committed serious offences whilst on bail. The court was required to determine whether the applicant was entitled to bail in light of the further allegations. The court held that the applicant had failed to satisfy the exceptional circumstances test required to grant bail in such circumstances. In coming to this conclusion, the court noted that the disposition of the original offence was irrelevant to the question of whether exceptional circumstances existed, except insofar as it was part of the applicant's antecedents. The court held that the applicant had not satisfied the test for exceptional circumstances, and dismissed the application for bail.

The applicant submitted that the further allegations were unproven and that it was unfair to take them into account in determining whether he was entitled to bail. The court rejected this submission, holding that the further allegations, even if unproven, were relevant to the question of whether exceptional circumstances existed. The court held that the applicant had not established that he was entitled to bail, and that the further allegations were a significant factor in coming to that conclusion. The court held that the applicant had not satisfied the test for exceptional circumstances, and dismissed the application for bail. The court did not make any orders as to costs.