Difficulties in preparing an appeal while in custody do not constitute special or exceptional circumstances standing alone under s 22 of the Bail Act 2013 (NSW), but may form part of a combination of factors. Where a guilty plea is entered after jury empanelment, s 157 of the Criminal Procedure Act 1986 (NSW) means the sentencing judge has no power to permit withdrawal of the plea, and the accused's only avenue is an appeal to the CCA. A sentence appeal based on counsel's failure to adduce relevant mental health evidence may be reasonably arguable even where the sentencing judge dealt extensively with the accused's psychological condition.
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