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3 Original L. Rev. 99 (2007)
Bail Pending Appeal in Serious Criminal Cases: The New Victorian Law

handle is hein.journals/ognlr3 and id is 105 raw text is: Orig Law Rev Vol 3 No 3 BAIL PENDING APPEAL IN SERIOUS CRIMINAL CASES: THE NEW VICTORIAN LAW Richard Edney Member of the Victorian Bar Introduction For an accused person found guilty after trial, or who has pleaded guilty before a trial Judge, and sentenced to a term of immediate imprisonment, and who has lodged an appeal against conviction or sentence, the prospects of being granted bail pending appeal are limited and will be granted only if the applicant establishes 'exceptional circumstances'1. This is conformity with the principle that a jury verdict is ordinarily considered to be final in the absence of error and that the presumption of innocence that accused enjoyed prior to the finding of guilt has been extinguished as a result of that finding. In the recent decision of In the Matter of an Application for Bail by Jack Zoudi2 (hereafter 'Zoudi') a specially convened five member bench of the Victorian Supreme Court changed significantly the law that had previously governed the question of bail pending appeal in serious criminal cases. This change of law is significant and potentially allows for a greater range of circumstances where an applicant who has been sentenced to a term of imprisonment may be released on bail pending appeal. Edney

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