An applicant for bail pending appeal under s 22 of the Bail Act 2013 (NSW) is not required to show that success on appeal is 'virtually inevitable'. Where appeal merit is the sole factor relied upon, the applicant may need to show the appeal is 'most likely to succeed', but where it is part of a combination of factors, the question is whether the grounds are arguable or enjoy reasonable prospects of success. The s 22 inquiry involves a two-stage process: first establishing special or exceptional circumstances, then applying the unacceptable risk test, though the same factors may inform both stages.
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