A notice of intention to seek leave to appeal filed out of time, without an application for extension of time having been sought or granted, does not constitute an appeal 'pending' before the Court of Criminal Appeal for the purposes of s 10(2)(b) of the Criminal Appeal Act 1912 (NSW) and does not enliven the Court's jurisdiction to hear a bail application. The mere filing of a bail application before the Court does not of itself enliven jurisdiction. The need for liberty to prepare an appeal and merely arguable grounds do not constitute special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW).
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