Salvatore valerio v. The state of western australia - (09 Jan 2018)

Bail can only be granted where exceptional circumstances are demonstrated and it is otherwise appropriate to do so

Criminal

In instant case, Mr Valerio's application filed for bail pending his appeal against conviction. Alternatively, the Appellant seeks an urgent appeal order. The Appellant was convicted after trial in the District Court of one count of aggravated manufacture of a prohibited drug, namely DMT. He was sentenced to 3 years 4 months' immediate imprisonment with eligibility for parole. On 11 September 2017, present Court refused leave to appeal against that sentence.

The appeal against conviction relies on three grounds. Ground 1 alleges that, the trial judge erred in dismissing an application made in the trial that there was no case to answer. Ground 2 alleges that, the verdict of guilty was unreasonable and not supported by the evidence. Ground 3 alleges that, additional evidence demonstrates that there has been a miscarriage of justice.

The law with respect to bail pending appeal is well-settled and does not need to be repeated here. Bail can only be granted where exceptional circumstances are demonstrated and it is otherwise appropriate to do so. A grant of bail is generally inappropriate where the appellant fails to demonstrate that one or more of the grounds of appeal have a strong prospect of success.

It is sufficient to say that, at the moment, it has not been demonstrated that, any of the proposed grounds have a strong prospect of success. This preliminary view may change after a full hearing of the appeal. The Appellant has proffered other reasons why he should be granted bail, being that he has been in custody now for a long period of time and that he is a party in contentious family law proceedings. These matters are not, by themselves or in combination, sufficient to justify a grant of bail. Exceptional reasons for a grant of bail pending appeal have not been demonstrated. Accordingly, Supreme Court has no jurisdiction to grant bail and the application is dismissed.

Tags : BAIL GRANT JURISDICTION