The Court of Appeal granted bail pending appeal where the applicant's non-suspended custodial portion of a partially-suspended sentence would likely be fully served before the appeal could be heard. Applying Re Pennant and R v Zoudi, the Court confirmed that this circumstance — where the custodial component will expire before the appeal is determined — constitutes an 'exceptional circumstance' justifying bail pending appeal. The Court cautioned that the grant of bail would not necessarily prevent the applicant from serving further custody if re-sentenced on a successful appeal.
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