Family hardship that is not extreme or particularly special or unusual will not satisfy the 'special or exceptional circumstances' threshold under s 9E of the Bail Act 1992 (ACT) for bail pending appeal, even where the applicant was the main earner and family members face significant financial consequences. The existence of a reasonable argument on appeal does not, in combination with such hardship, meet the threshold. Considerations of flight risk and community safety are only relevant once the threshold is met.
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