An appeal against a discretionary bail refusal requires demonstration of material error of fact or law by the primary judge, applying House v The King principles. A ground alleging weighting error in a bail decision can only succeed if it amounts to a failure to exercise the discretion conferred. Unacceptable risks to community safety do not become acceptable merely because of delay caused by COVID-19. The likely sentence comparison for bail purposes should consider the total effective sentence, not merely the period before parole eligibility.
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