The appropriate test for 'exceptional circumstances' for bail pending appeal under cl 4 of Schedule 1 of the Bail Act 1982 (WA) is the Bond test — whether the case demonstrates such a possibility of success as to amount to an exceptional reason for granting bail — not the lower Madden test of a 'reasonably arguable case'. The rationale is that the jury's verdict should not be treated as provisional pending exhaustion of appeal channels. The Bulejcik voice identification warning may be distinguishable where the witness does not identify the accused's voice in court and the jury is not asked to make its own voice comparison.
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