Section 30AA of the Bail Act 1978 (NSW) does not require that an appeal to the High Court be virtually certain to succeed before bail can be granted. Where a bail application is based only on the merits of the appeal, something more than an arguable point is required, but other circumstances — including compliance with previous bail conditions, proximity to parole eligibility, and the risk of being deprived of the benefit of a successful appeal — may independently or cumulatively constitute special or exceptional circumstances. The question whether a single judge of the CCA may determine bail applications under s 30AA was left open.
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