In WA, the Brennan J approach in Chamberlain (that bail pending appeal invests the jury verdict with a provisional quality) is preferred over the Callinan J approach in Marotta. The strength of grounds of appeal must be assessed against the totality of evidence at trial, including whether the proviso under s 689 of the Criminal Code could apply even if the ground of appeal succeeds. The precise test for when appeal strength constitutes exceptional circumstances (Bond's 'possibility of success' vs Caratti's 'strongly arguable grounds with strong prospects of success') remains unresolved.
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