Forkin v WA

[2006] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Bail pending appeal against sentence
4. › Exceptional reasons requirement
5. › Prospect of success of appeal
6. › Whether appeal most likely to succeed
7. › Bail Act 1982 (WA), cl 4(b), Pt C, Sch 1
1. Criminal Law
2. › Sentencing
3. › Breach of intensive supervision order
4. › Second breach
5. › Whether immediate imprisonment manifestly excessive
6. › Relevance of offender's conduct on community-based orders to resentencing
7. › Sentencing Act 1995 (WA), ss 7(2)(c), 130, 133
1. Criminal Law
2. › Sentencing
3. › Transitional provisions
4. › Whether sentencing judge required to expressly state application of transitional provisions
5. › Sentencing Legislation (Amendment and Repeal) Act 2003 (WA), Sch 1, cl 2(1)

Quick Take

The threshold for bail pending appeal in WA requires demonstration that the appeal is 'most likely to succeed' or that there are 'strong grounds' for concluding it would succeed — a higher standard than the 'reasonable prospect of success' test for leave to appeal. The grant of leave to appeal does not of itself satisfy this higher threshold. The effect of delay before hearing is relevant only where the prospect of success is so strong as to raise a real concern of injustice from continued custody.