Attilio s/o Mosca v. R., Misc. Crim. Cause 12-D-68, 3/6/68, Georges C. J.

Attilio s/o Mosca v. R., Misc. Crim. Cause 12-D-68, 3/6/68, Georges C. J.

Accused was convicted of being in possession of uncustomed goods and of violating section 3(2) of the Prevention of Corruption Ordinance. The latter offence is scheduled under the Minimum Sentences Act. In applying for bail pending appeal of the convictions, accused argued that absence from his business – a hotel – would mean financial ruin, since accused operated the business by himself.

            The Court ruled; (1) Bail is not granted after conviction, “particularly for an offence scheduled under the Minimum Sentences Act,” unless there are “exceptional circumstances” or unless “the appeal has an overwhelming probability of success.” (2) Accused’s financial predicament was “a contingency which could be foreseen. Anyone facing trial for a scheduled offence, even though convinced of his own innocence, should contemplate the possibility of a conviction and his enforced absence from normal affairs.” Finding the appeal to lack overwhelmingly good prospects of success, the Court refused bail.