R v Cranston (No 30) [2023] NSWSC 216

R v Cranston (No 30) [2023] NSWSC 216

Because Ms Cranston had been convicted and it was realistically inevitable that she would be sentenced to a significant period of full-time imprisonment, s 22B(1)(b) of the Bail Act 2013 (NSW) applied. As no special or exceptional circumstances were submitted or shown, the Court was required to refuse bail.

Jurisdiction
Australia
Judgment Date
14 March 2023
Procedural Posture
Criminal Bail Detention Application Post Conviction / Following Jury Verdicts of Guilty and Before Sentencing
Outcome
Bail refused; offender convicted on counts 1 and 2; matter stood over for sentencing directions.
Legal Topics
['detention Application Post Conviction' 'refusal of Bail Before Sentence' 'special or Exceptional Circumstances' 'federal Offences Prosecuted in NSW Court']
['criminal Law' 'bail'] ['detention Application Post Conviction' 'refusal of Bail Before Sentence' 'special or Exceptional Circumstances' 'federal Offences Prosecuted in NSW Court']

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Procedural Posture

Criminal Bail Detention Application Post Conviction / Following Jury Verdicts of Guilty and Before Sentencing

Legal Issues

  1. 1 ["Whether s 22B(1)(b) of the Bail Act 2013 (NSW) applied to the Crown's detention application after conviction and before sentence." 'Whether it was inevitable that Lauren Anne Cranston would be sentenced to imprisonment to be served by full-time detention.' 'Whether special or exceptional circumstances existed that justified bail despite s 22B.']

Ratio Decidendi

Because Ms Cranston had been convicted and it was realistically inevitable that she would be sentenced to a significant period of full-time imprisonment, s 22B(1)(b) of the Bail Act 2013 (NSW) applied. As no special or exceptional circumstances were submitted or shown, the Court was required to refuse bail.

Court Disposition

Bail refused; offender convicted on counts 1 and 2; matter stood over for sentencing directions.

Orders

  • ['Lauren Anne Cranston is convicted of counts 1 and 2;' 'Bail refused;' 'The matter is stood over for directions on sentencing to 4 May 2023 before Payne JA.']