Rogers, Darrin Baydon v White, Ivan [1986] FCA 673

Rogers, Darrin Baydon v White, Ivan [1986] FCA 673

The likelihood that a significant portion of the applicant's sentence will be served by the time of appeal does not constitute the exceptional circumstances required to grant bail after conviction and sentence.

Source-derived case information.

Parties
Applicant: Darrin Baydon Rogers; Respondent: Ivan White
Jurisdiction
Australia
Judgment Date
12 December 1986
Procedural Posture
Bail Application Pending Appeal / Single Judge Decision
Outcome
application dismissed
Legal Topics
Bail Pending Appeal, Sentencing Appeals
Criminal Law Bail Pending Appeal Sentencing Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Darrin Baydon Rogers

Applicant

Ivan White

Respondent

Procedural Posture

Bail Application Pending Appeal / Single Judge Decision

Legal Issues

  1. 1 Whether bail should be granted after conviction pending appeal to the Federal Court against a Supreme Court judgment on severity of sentence
  2. 2 Whether exceptional circumstances exist to justify granting bail

Ratio Decidendi

The likelihood that a significant portion of the applicant's sentence will be served by the time of appeal does not constitute the exceptional circumstances required to grant bail after conviction and sentence.

Court Disposition

application dismissed

Orders

  • The application for bail is dismissed.