Where an appellant has been refused legal aid, has an arguable ground of appeal, and has a highly likely possibility of earning sufficient funds through legal means to pay for legal representation, the opportunity for remunerated employment to fund legal representation constitutes a special or exceptional circumstance justifying a temporary stay of sentence and bail pending appeal. Australian law does not provide a right to state-funded counsel on appeal. Whether the Human Rights Act 2004 (ACT) provides such a right was left open.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.