The Re Zoudi principle — that bail pending appeal should be granted where the applicant would serve the entire non-parole period before the appeal is heard — extends by analogy to cases where the Crown concedes sentencing error and the custodial portion is very likely to be reduced on re-sentencing, creating a risk the applicant will serve longer than the reduced minimum custodial term. Arguable grounds of appeal against conviction, even multiple grounds, do not of themselves constitute exceptional circumstances for bail pending appeal. Whether an appeal against conviction that is 'bound to succeed' would constitute exceptional circumstances remains an open question.
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