Application for bail pending appeal following sexual assault conviction. Sexual assault occurred while accused was working as a taxi driver, and the complainant was an intoxicated fare. Issue regarding the public interest test. 4 year sentence.
Held: Bail denied.
Although the appeal was not frivolous, it was not strong. On the facts found at trial, the offence constituted a “gross violation of trust, in addition to being a brutal sexual assault.” Public interest weighed in favour of a denial of bail. “The informed public would quite properly be offended at the prospect of an individual – who has received a sentence of four years’ incarceration for a violent sexual assault – would be on release pending appeal, absent a strong argument on appeal”.
C. Hooker – Defence Counsel