In the ACT, the Court of Appeal cannot grant bail to a sentenced prisoner pending appeal unless the sentence is first stayed. The power to grant bail is incidental to the power to stay the sentence, not an independent jurisdiction. Sherd v The Queen [2011] ACTCA 17, to the extent it held otherwise, is no longer good law. Practitioners seeking bail pending appeal must apply for both a stay and bail.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
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