R v Bazouni (Release Application) [2019] NSWDC 757

R v Bazouni (Release Application) [2019] NSWDC 757

The applicant has not established that special or exceptional circumstances exist; while the appeal may be likely to succeed, it does not meet the demanding statutory test of being 'most likely to succeed'. The direction issue is arguable, but the Crown's position has merit, and the absence of objection at trial further weighs against the application.

Parties
Crown: Regina; Offender: Mr John Bazouni
Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal / Application for Bail Pending Appeal After Conviction, Pre Sentence
Outcome
Application for bail pending appeal refused.
Legal Topics
Bail Application, Exceptional Circumstances, Appeal Grounds, Jury Directions, Dishonesty, Recklessness
Criminal Law Bail Application Exceptional Circumstances Appeal Grounds Jury Directions Dishonesty Recklessness

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Parties

Regina

Crown

Mr John Bazouni

Offender

Procedural Posture

Criminal / Application for Bail Pending Appeal After Conviction, Pre Sentence

Legal Issues

  1. 1 Whether there are special or exceptional circumstances justifying bail pending appeal under section 22 of the Bail Act 2013 (NSW)
  2. 2 Whether the appeal is 'most likely to succeed' given the alleged error in jury directions regarding recklessness as to dishonesty

Ratio Decidendi

The applicant has not established that special or exceptional circumstances exist; while the appeal may be likely to succeed, it does not meet the demanding statutory test of being 'most likely to succeed'. The direction issue is arguable, but the Crown's position has merit, and the absence of objection at trial further weighs against the application.

Court Disposition

Application for bail pending appeal refused.

Orders

  • The application for release on bail is declined.