R v Jiao (No 3) [2014] NSWDC 354

R v Jiao (No 3) [2014] NSWDC 354

Although Ms Jiao might serve a substantial part of her six month sentence before her appeal was heard, none of the possible appeal grounds identified was assessed as most likely to succeed. Weighed with the High Court considerations concerning the administration of criminal justice, special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW) were not established.

Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Criminal Bail Application / After Conviction and Sentence; Bail Pending Appeal
Outcome
Bail refused.
Legal Topics
['bail After Conviction and Sentence' 'appeal Pending' 'special or Exceptional Circumstances' 'assessment of Grounds of Appeal' 'administration of Criminal Justice']
['criminal Law' 'bail' 'criminal Procedure'] ['bail After Conviction and Sentence' 'appeal Pending' 'special or Exceptional Circumstances' 'assessment of Grounds of Appeal' 'administration of Criminal Justice']

Case Brief

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Procedural Posture

Criminal Bail Application / After Conviction and Sentence; Bail Pending Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances existed under s 22 of the Bail Act 2013 (NSW) to justify granting bail pending appeal against conviction and sentence.' 'Whether the possible time Ms Jiao would spend in custody before the appeal was heard justified bail.' 'Whether the identified possible grounds of appeal were most likely to succeed.']

Ratio Decidendi

Although Ms Jiao might serve a substantial part of her six month sentence before her appeal was heard, none of the possible appeal grounds identified was assessed as most likely to succeed. Weighed with the High Court considerations concerning the administration of criminal justice, special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW) were not established.

Court Disposition

Bail refused.

Orders

  • ['Application for bail refused.']