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Madafferi, Francesco v The Queen [2021] VSCA 332

Victorian Court of Appeal
Emerton and Osborn JJA

Madafferi, Francesco v The Queen

Judgment Date: 
2 December 2021

CRIMINAL LAW - Appeal - Bail - Application for bail pending appeal against conviction - Whether exceptional circumstances exist - Non-parole period expired but applicant refused parole - Applicant to have served substantial term of imprisonment before appeal heard - Significant delay in hearing of appeal caused by conduct of the Chief Commissioner of Victoria Police - Prospects of success on appeal of no assistance in establishing exceptional circumstances - Exceptional circumstances not made out - Re Zoudi (2006) 14 VR 580, Cvetanovski v The Queen [2020] VSCA 126 applied - Agresta v The Queen [2020] VSCA 334, Zirilli v The Queen [2020] VSCA 261, Visser v DPP (Cth) [2020] VSCA 327, R v Szabo [2001] 2 Qd R 214, considered - Application for bail refused.