A combination of reasonably arguable appeal prospects, inability to access medical treatment in custody for a diagnosed condition, and strong bail candidacy can together constitute special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW). Where appeal strength is one factor among several, it is sufficient that the appeal is fairly arguable or enjoys reasonable prospects of success, rather than being 'most likely to succeed' or 'certain to succeed'. The assessment of appeal prospects on a bail application must be made in a summary fashion without pre-judging the appeal.
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