The test for bail pending appeal in Western Australia requires strongly arguable grounds of appeal with strong prospects of success, which constitutes a higher threshold than a merely arguable case but a lower threshold than near-certainty of success. The admission of inadmissible evidence that constitutes a dramatic and unequivocal admission, where the trial judge was clearly troubled by it, may constitute a strongly arguable ground even where a direction to disregard was given. The need to instruct solicitors in civil proceedings does not of itself constitute an exceptional circumstance, and three to four months of a 26-month non-parole period is not a 'substantial part' of the sentence for bail purposes.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
11 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.