R v Robert Flaherty [2016] NSWDC 121

R v Robert Flaherty [2016] NSWDC 121

Bail was granted because the proposed appeal grounds were at least arguable, particularly the issue concerning the offender's capacity during trial and whether full-time imprisonment was erroneous in light of his health, age and prognosis, and because those matters combined with the real possibility that the offender might serve or not survive the non-parole period before the appeal was determined amounted to special or exceptional circumstances. The offender did not pose an unacceptable risk.

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Criminal Bail Application / After Conviction and Sentence, Pending Anticipated Appeal to the Court of Criminal Appeal
Outcome
Release application granted; bail granted pending appeal.
Legal Topics
['bail After Conviction Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'prospects of Appeal' 'health of Offender']
['criminal Law' 'bail'] ['bail After Conviction Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'prospects of Appeal' 'health of Offender']

Case Brief

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Procedural Posture

Criminal Bail Application / After Conviction and Sentence, Pending Anticipated Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances existed under s 22 of the Bail Act 2013 to justify granting bail after conviction and sentence pending appeal.' 'Whether the offender posed an unacceptable risk.' 'Whether the proposed conviction or sentence appeal grounds were arguable or had reasonable prospects of success.' "Whether the offender's age, poor health, prognosis and possible dementia contributed to special or exceptional circumstances."]

Ratio Decidendi

Bail was granted because the proposed appeal grounds were at least arguable, particularly the issue concerning the offender's capacity during trial and whether full-time imprisonment was erroneous in light of his health, age and prognosis, and because those matters combined with the real possibility that the offender might serve or not survive the non-parole period before the appeal was determined amounted to special or exceptional circumstances. The offender did not pose an unacceptable risk.

Court Disposition

Release application granted; bail granted pending appeal.

Orders

  • ['Under s 11 of the Bail Act 2013 bail is granted to the offender on the same conditions as were fixed at the conclusion of the trial. There are no reporting conditions. An additional condition is that the appeal anticipated in the notice of intention to appeal is to be prosecuted with due diligence.' 'The matter is...