After conviction for an offence to which s 8A of the Bail Act 1978 (NSW) applies, where a substantial custodial sentence is inevitable, a test analogous to the 'special or exceptional circumstances' test under s 30AA applies. Circumstances common to all convicted persons facing imprisonment — such as the need to complete courses, arrange business affairs, or prepare family — are insufficient to displace the presumption against bail. The question of whether a s 45 review involves original or appellate jurisdiction remains unresolved, with Tobias JA and Basten JA taking different views.
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