The test for bail pending appeal in Queensland requires exceptional circumstances, ordinarily satisfied only where the applicant demonstrates strong grounds that the appeal will succeed and that the custodial sentence will be substantially served before the appeal is determined. The more liberal approach suggested by Callinan J in Marotta v R and Doggett v R was superseded by the joint judgment in United Mexican States v Cabal, which returned the law to the position in Ex parte Maher. A bail court hearing only partial argument on the merits cannot reach the necessary conclusion about prospects of success.
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