R v Kelu; R v Millner (No 8) [2023] NSWSC 1544

R v Kelu; R v Millner (No 8) [2023] NSWSC 1544

Mr Kelu did not establish special or exceptional circumstances justifying continuation of bail under s 22B of the Bail Act 2013 (NSW). The earlier circumstances that had justified refusing detention no longer existed because there was no suggestion of imminent testing or treatment that could not be provided by Justice Health. His health problems could be managed in custody, and his assertions about appeal prospects and need to prepare an appeal did not satisfy the Court that he had strong prospects of appeal or otherwise constitute special or exceptional circumstances. The detention application was therefore granted.

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Criminal Sentencing Proceeding and Detention Application / Post Conviction and Before Sentencing; Sentence Adjourned; Crown Detention Application Under S 22 B of the Bail Act 2013 (nsw)
Outcome
The detention application in respect of Mr Kelu was granted and the sentencing proceedings were adjourned.
Legal Topics
['commonwealth Tax Fraud Offences' 'goods and Services Tax Fraud' 'post Conviction Pre Sentence Detention' 'special or Exceptional Circumstances' 'contrition' 'proceeds of Crime Cooperation']
['criminal Law' 'sentencing' 'bail'] ['commonwealth Tax Fraud Offences' 'goods and Services Tax Fraud' 'post Conviction Pre Sentence Detention' 'special or Exceptional Circumstances' 'contrition' 'proceeds of Crime Cooperation']

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Procedural Posture

Criminal Sentencing Proceeding and Detention Application / Post Conviction and Before Sentencing; Sentence Adjourned; Crown Detention Application Under S 22 B of the Bail Act 2013 (nsw)

Legal Issues

  1. 1 ['Whether the sentencing proceedings should be adjourned to allow further evidence or submissions, including evidence relevant to contrition and material tendered by Mr Kelu.' "Whether, on the Crown's detention application in respect of Mr Kelu, special or exceptional circumstances existed to justify continuing bail before sentencing." "Whether Mr Kelu's health issues, asserted need to prepare an appeal, lack of flight risk, employment and community work, and asserted appeal prospects constituted special or exceptional circumstances."]

Ratio Decidendi

Mr Kelu did not establish special or exceptional circumstances justifying continuation of bail under s 22B of the Bail Act 2013 (NSW). The earlier circumstances that had justified refusing detention no longer existed because there was no suggestion of imminent testing or treatment that could not be provided by Justice Health. His health problems could be managed in custody, and his assertions about appeal prospects and need to prepare an appeal did not satisfy the Court that he had strong prospects of appeal or otherwise constitute special or exceptional circumstances. The detention application was therefore granted.

Court Disposition

The detention application in respect of Mr Kelu was granted and the sentencing proceedings were adjourned.

Orders

  • ['The proceedings for sentence were adjourned until 10.00 am on 15 December 2023.' 'The matter was fixed at 9.30 am on 7 December 2023 for a short further sentencing hearing estimated to take no longer than one hour.' 'The detention application in respect of Mr Kelu is granted.' 'Mr Kelu is to be taken into custody...