Difficulties experienced by an incarcerated unrepresented appellant in preparing an appeal, including restricted access to legal resources and frequent transfers between correctional facilities, cannot of themselves establish the special or exceptional circumstances required by s 30AA of the Bail Act 1978 (NSW) for bail pending appeal. Personal circumstances that would support an ordinary bail application (clean record, compliance with earlier bail conditions, family circumstances) are similarly insufficient. However, the Court signalled that if the only way an appellant can prepare their case is by being granted liberty, that course might have to be taken.
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