R v Kurtulmus (No. 2) [2020] NSWDC 163

R v Kurtulmus (No. 2) [2020] NSWDC 163

The Court refused release because it was not satisfied that special or exceptional circumstances existed to warrant bail, and was not persuaded that the appeal, if leave were granted, was most likely to succeed.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Criminal Release Application Pending Application for Leave to Appeal Against Sentence / Application for Release to Bail Pending Determination of Application for Leave to Appeal in the Court of Criminal Appeal
Outcome
Application for release is refused.
Legal Topics
['appeal Against Sentence' 'application for Leave to Appeal' 'release Application' 'special or Exceptional Circumstances']
['criminal Law' 'bail' 'criminal Appeals'] ['appeal Against Sentence' 'application for Leave to Appeal' 'release Application' 'special or Exceptional Circumstances']

Case Brief

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Procedural Posture

Criminal Release Application Pending Application for Leave to Appeal Against Sentence / Application for Release to Bail Pending Determination of Application for Leave to Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant should be released to bail pending determination of his application for leave to appeal against sentence in the Court of Criminal Appeal.' 'Whether special or exceptional circumstances existed under s 22 Bail Act 2013 to justify granting bail.' 'Whether the proposed appeal was most likely to succeed.']

Ratio Decidendi

The Court refused release because it was not satisfied that special or exceptional circumstances existed to warrant bail, and was not persuaded that the appeal, if leave were granted, was most likely to succeed.

Court Disposition

Application for release is refused.

Orders

  • ['I refuse the application for release.']