The test for bail pending appeal under cl 4 of Pt C of Sch 1 of the Bail Act 1982 (WA) requires the applicant to demonstrate exceptional reasons, the most significant factor being that the appeal is most likely to succeed. Financial hardship to family and business, even if severe, does not constitute exceptional reasons where such consequences are ordinary incidents of incarceration. The prospect of serving most of a sentence before the appeal is heard does not alone constitute exceptional reasons.
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