In bail applications pending sentence appeals, a challenge to the weight given by a sentencing judge to general deterrence will not ordinarily demonstrate strong prospects of success because the weight to be accorded to sentencing factors is generally within the sentencing judge's discretion. A manifest excess ground based on type of sentence (immediate vs suspended imprisonment) requires showing that suspension was required, not merely permitted, and where significant aggravating factors exist (such as breach of police trust and persistence despite intervention), it will be difficult to demonstrate the strong prospects needed for bail.
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