Where the strength of appeal grounds is the sole factor relied upon to demonstrate special or exceptional circumstances under s 22(1) of the Bail Act 2013 (NSW), the applicant must show the appeal is 'most likely to succeed'. Where the strength of appeal is relied upon in combination with other factors, the lower threshold of 'reasonably arguable' or 'reasonable prospects of success' applies. The test is not that success must be 'virtually inevitable'.
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