For bail pending appeal against a sentence of imprisonment, the applicant must demonstrate not merely that the appeal is strong or arguable, but that the Court of Appeal is most likely to substitute a non-custodial sentence. Delay in the hearing of the appeal does not independently support a finding of exceptional circumstances. The sentencing range for unlawfully causing grievous bodily harm in Western Australia is 8 months to 5 years 4 months, and immediate imprisonment is the usual sentence even where the offender has good antecedents.
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