The special or exceptional circumstances test under s 9E of the Bail Act 1992 (ACT) for bail pending appeal after conviction and sentence of imprisonment reflects the common law principle that the presumption of innocence no longer applies to a convicted person. Health difficulties common to many prisoners, the normal range of prospects of success on appeal, delay where the court is expediting the hearing, and an unusual procedural history (including a prior successful appeal reversed by the High Court) do not individually or collectively constitute special or exceptional circumstances.
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