Where an appeal against a murder conviction is close to being heard and the bulk of the non-parole period remains to be served, the mere existence of reasonably arguable grounds of appeal does not amount to special or exceptional circumstances for bail under s 22(1) of the Bail Act 2013 (NSW). The level of persuasion required as to the strength of appeal grounds increases where the appeal will not be rendered futile by the applicant's continued incarceration. Bail applications pending appeal are confined to a broad overall view of the applicant's apparent prospects and must not become a dress rehearsal for the substantive appeal.
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