El Khouli v R [2019] NSWCCA 146

El Khouli v R [2019] NSWCCA 146

The applicant failed to demonstrate special or exceptional circumstances because the grounds of appeal were not strong or likely to succeed, making bail refusal mandatory under s 22(1) of the Bail Act 2013 (NSW).

Parties
Applicant: Ahmed El Khouli; Crown: Regina
Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Release Application (bail Pending Appeal) / Court of Criminal Appeal Decision
Outcome
release application dismissed; bail refused
Legal Topics
Bail, Release Application, Special or Exceptional Circumstances, Strength of Appeal, Parity Principle
Criminal Law Bail Release Application Special or Exceptional Circumstances Strength of Appeal Parity Principle

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Parties

Ahmed El Khouli

Applicant

Regina

Crown

Procedural Posture

Release Application (bail Pending Appeal) / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether special or exceptional circumstances exist to justify bail under s 22 of the Bail Act 2013 (NSW)
  2. 2 Whether the grounds of appeal (separate trial and disparity in sentence) are strong or likely to succeed

Ratio Decidendi

The applicant failed to demonstrate special or exceptional circumstances because the grounds of appeal were not strong or likely to succeed, making bail refusal mandatory under s 22(1) of the Bail Act 2013 (NSW).

Court Disposition

release application dismissed; bail refused

Orders

  • Release application dismissed
  • Bail refused