Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102

Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102

Bail was granted on the basis that while there were no reasonable prospects of success on the conviction appeal, there were reasonable prospects on the sentence appeal due to issues regarding unpresented medical evidence, combined with the short remaining non-parole period and the applicant's difficulties in preparing the appeal as an unrepresented litigant. These factors together constituted special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
09 June 2020
Procedural Posture
Bail Application Pending Appeal / Determination of Bail Application
Outcome
Application for bail granted subject to conditions
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'guilty Plea Withdrawal' 'mental Health Evidence in Sentencing']
['criminal Law' 'bail'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'guilty Plea Withdrawal' 'mental Health Evidence in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bail Application Pending Appeal / Determination of Bail Application

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist justifying bail during a pending conviction and sentence appeal under s 22 of the Bail Act 2013 (NSW)' "Whether the applicant's conviction and/or sentence appeal have reasonable prospects of success or are reasonably arguable" 'Whether failure of counsel to follow instructions amounted to a miscarriage of justice' 'Whether custodian difficulty in preparing an appeal is a special or exceptional circumstance']

Ratio Decidendi

Bail was granted on the basis that while there were no reasonable prospects of success on the conviction appeal, there were reasonable prospects on the sentence appeal due to issues regarding unpresented medical evidence, combined with the short remaining non-parole period and the applicant's difficulties in preparing the appeal as an unrepresented litigant. These factors together constituted special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW).

Court Disposition

Application for bail granted subject to conditions

Orders

  • ['Applicant to be of good behaviour' 'To reside at designated address in Castle Hill' 'To report daily to Castle Hill Police Station between 8am and 8pm' 'Not to be absent from the residence except for court, police reporting, or pre-approved medical/mental health appointments' 'Not to contact the victim directly or...