Scott-Crossley v The State

The appellant, Mark Scott-Crossley, was convicted of the planned or premeditated murder of Simon Chisale, a Schedule 6 offence, and sentenced to life imprisonment. His application for leave to appeal was initially refused but later granted by the Supreme Court of Appeal. Following the grant of leave, he applied for bail pending the outcome of his appeal. That application was dismissed by the court a quo, leading to the present appeal as of right against the refusal of bail. In support of bail, the appellant relied mainly on the fact that leave to appeal had been granted and on his alleged prospects of success, contending that his conviction might be altered to that of being an accessory after the fact to culpable homicide. He also relied on personal circumstances set out in affidavits.

The appeal against the refusal of bail pending appeal was dismissed.

The case confirms the strict approach to bail pending appeal in respect of Schedule 6 offences under the post-constitutional bail regime. It reinforces that the grant of leave to appeal and alleged prospects of success do not, without more, constitute exceptional circumstances under s 60(11)(a) of the Criminal Procedure Act. The judgment is frequently cited in bail jurisprudence to illustrate the high threshold applicable to convicted persons seeking bail pending appeal for serious offences.