The Court of Criminal Appeal lacks jurisdiction to grant bail pending appeal where no extension of time for leave to appeal has been sought or granted, as there is no appeal 'on foot' within ss 59 and 61 of the Bail Act 2013 (NSW). While the Court may in some circumstances grant an extension of time to overcome this jurisdictional hurdle, it will not do so where the sentence was imposed many years previously. When assessing special or exceptional circumstances under s 22, the Court will consider whether the remaining head sentence is so long that even a partially successful appeal would result in a return to custody.
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