Where an applicant serving a partly suspended sentence will have served all or most of the non-suspended portion before the appeal is heard, that circumstance alone can constitute exceptional circumstances for bail pending appeal. The case for bail is strengthened where leave to appeal has already been granted, and the Crown cannot argue weak prospects of success once leave has been granted. The risk of return to custody if the appeal fails is a general consideration explaining the exceptional circumstances test but does not add anything specific to oppose bail in such cases.
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