The exceptional reasons test for bail pending appeal under the Bail Act 1982 (WA), Sch 1, Pt C, cl 4 requires demonstration of both a strongly arguable case on appeal and a risk that so much of the sentence would be served as to render a successful appeal a hollow victory. Neither element alone is sufficient, and the presence of both does not mandate bail but merely permits it. Grounds of appeal that are merely arguable but not strongly arguable will not satisfy the test.
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