The expiry of only about half of a non-parole period before an appeal is heard is not, on its face, an exceptional circumstance warranting bail pending appeal. The phrases 'the whole or a very substantial part' and 'expired or very nearly expired' from earlier authorities indicate the threshold is high. It is not enough for bail pending appeal merely to show that grounds of appeal are fairly arguable; something more approaching inevitability of success is required. The question of what view might be taken where an applicant demonstrates the appeal is 'bound to succeed' combined with partial service of the non-parole period was expressly left open.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.