The threshold for bail pending appeal under cl 4 of Pt C of Sch 1 to the Bail Act 1982 (WA) requires more than an arguable case or the mere grant of leave to appeal. The prospect of success must be sufficiently likely to give rise to a real concern that the applicant would suffer an injustice by being kept in custody on an unsound conviction. The absence of evidence (such as absence of drug dealing indicia) is not itself evidence of anything and cannot be characterised as 'cogent evidence' rebutting a statutory presumption.
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