R v Obeid (No 13) [2016] NSWSC 1840

R v Obeid (No 13) [2016] NSWSC 1840

Special or exceptional circumstances justifying the grant of bail pending appeal under s 22 of the Bail Act 2013 (NSW) were not established. The applicant's health, age, prospects of appeal, and risk of serving the sentence before appeal determination were insufficient, individually or cumulatively, to satisfy the statutory threshold. The grounds of appeal lacked substantial merit, with most not raised at trial, and the non-parole period was unlikely to expire before the appeal could be heard.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Bail Application Pending Appeal / Post Sentence, Application for Bail Pending Appeal to Court of Criminal Appeal
Outcome
Bail refused
Legal Topics
['bail Pending Appeal' 'criminal Procedure' 'special or Exceptional Circumstances' 'duties of Parliamentarians' 'prospects of Appeal']
['criminal Law' 'bail'] ['bail Pending Appeal' 'criminal Procedure' 'special or Exceptional Circumstances' 'duties of Parliamentarians' 'prospects of Appeal']

Case Brief

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Procedural Posture

Bail Application Pending Appeal / Post Sentence, Application for Bail Pending Appeal to Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist to justify bail pending appeal for a convicted offender under s 22 of the Bail Act 2013 (NSW)' "Adequacy of applicant's health care in custody as a factor in bail application" 'Prospects of appeal as relevant to bail application' 'Whether relevant error or misdirection occurred at trial justifying grant of bail']

Ratio Decidendi

Special or exceptional circumstances justifying the grant of bail pending appeal under s 22 of the Bail Act 2013 (NSW) were not established. The applicant's health, age, prospects of appeal, and risk of serving the sentence before appeal determination were insufficient, individually or cumulatively, to satisfy the statutory threshold. The grounds of appeal lacked substantial merit, with most not raised at trial, and the non-parole period was unlikely to expire before the appeal could be heard.

Court Disposition

Bail refused

Orders

  • ['Bail refused pending appeal to the Court of Criminal Appeal' 'Bail also refused pending any further application for release to the Court of Criminal Appeal']