A Crown concession that a conviction appeal has merit, particularly where a co-accused's conviction has been quashed by the High Court on the same ground, is plainly a special and exceptional circumstance justifying the grant of bail under s 22(1) of the Bail Act 2013 (NSW). The special or exceptional circumstances test under s 22(1) is to be assessed independently of the unacceptable risk test under s 19(2), though both must be addressed.
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