R v Dimitri DE ANGELIS [2012] NSWDC 219

R v Dimitri DE ANGELIS [2012] NSWDC 219

Although the offender had no entitlement to bail after conviction and there were community welfare concerns arising from the seriousness of the offences and sophisticated deception and fraud, bail was granted because the s 32 considerations supported release for a short period: he had not failed to appear, had surrendered passports, had stable ties, needed to attend a complex psychiatric appointment, there was no particular evidence of victim protection needs, and there was no indication he had committed offences while on bail. Reporting conditions addressed the court's concerns.

Jurisdiction
Australia
Judgment Date
28 November 2012
Procedural Posture
Criminal Procedure Bail / After Conviction
Outcome
Bail granted.
Legal Topics
['bail' 'bail After Conviction' 'relevant Considerations for Bail']
['criminal Law'] ['bail' 'bail After Conviction' 'relevant Considerations for Bail']

Case Brief

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Procedural Posture

Criminal Procedure Bail / After Conviction

Legal Issues

  1. 1 ['Whether Dimitri De Angelis should be granted bail after conviction until 4 December 2012.' 'What matters were relevant to determining bail under s 32 of the Bail Act 1978.']

Ratio Decidendi

Although the offender had no entitlement to bail after conviction and there were community welfare concerns arising from the seriousness of the offences and sophisticated deception and fraud, bail was granted because the s 32 considerations supported release for a short period: he had not failed to appear, had surrendered passports, had stable ties, needed to attend a complex psychiatric appointment, there was no particular evidence of victim protection needs, and there was no indication he had committed offences while on bail. Reporting conditions addressed the court's concerns.

Court Disposition

Bail granted.

Orders

  • ['Bail granted until Tuesday 4 December 2012 at 10am.' 'One condition of bail is that the offender report twice a day to Hornsby police station between 12 midnight and 12 midnight each day.' 'On Monday 3 December 2012 the offender need only report once because of his appointment with Dr Allnutt on that day.' 'The...