The applicant, convicted of preventing electors from voting in the 2011 federal election and sentenced to nine months' imprisonment, applied for bail pending his sentence appeal.
The Crown conceded the applicant would surrender into custody but argued the appeal was frivolous and detention was necessary in the public interest.
The Court of Appeal granted the application, finding the sentence appeal raised arguable issues given the novelty of the offence, and that the public interest favoured release to ensure the appeal would not be rendered moot before it could be heard.