The exceptional circumstances test for bail pending appeal (Ex parte Maher; Hanson) applies equally to bail pending determination of a reference under s 672A of the Criminal Code (Qld). Exceptional circumstances may be established where uncontradicted new evidence seriously undermines the complainant's credibility and the applicant's custodial sentence is likely to be substantially served before the reference can be determined. The question whether the Commonwealth Attorney-General can enliven the Court's s 672A jurisdiction via s 68(2) of the Judiciary Act 1903 (Cth) remains open.
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