The grant of a s 5 certificate under the Criminal Appeal Act 1912, uncertainty about the appeal hearing date, the applicant's lack of prior custody, and the prospect of acquittal on appeal do not individually or cumulatively constitute 'special or exceptional circumstances' under s 30AA of the Bail Act 1978 (NSW) where the non-parole period extends well beyond the likely appeal date and the appeal prospects, while not hopeless, are not strong.
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