R v Cranston & Ors (No 28) [2023] NSWSC 199

R v Cranston & Ors (No 28) [2023] NSWSC 199

Special or exceptional circumstances justifying bail post-conviction did not exist for Cranston or Onley but did exist for Menon, warranting adjournment and continued bail with conditions to enable transition for his daughter's health needs.

Jurisdiction
Australia
Judgment Date
09 March 2023
Procedural Posture
Criminal / Post Conviction Bail Application
Outcome
Bail refused for Cranston and Onley; bail continued and varied for Menon for eight-week transition period; matters adjourned for sentencing directions and further consideration.
Legal Topics
['bail' 'detention Applications' 'special or Exceptional Circumstances' 'post Conviction' 'sentencing Pending']
['criminal Law'] ['bail' 'detention Applications' 'special or Exceptional Circumstances' 'post Conviction' 'sentencing Pending']

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Procedural Posture

Criminal / Post Conviction Bail Application

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist to justify bail after conviction and before sentencing' 'Application of s 22B of the Bail Act 2013 (NSW)' "Assessment of 'unacceptable risk' in bail determination"]

Ratio Decidendi

Special or exceptional circumstances justifying bail post-conviction did not exist for Cranston or Onley but did exist for Menon, warranting adjournment and continued bail with conditions to enable transition for his daughter's health needs.

Court Disposition

Bail refused for Cranston and Onley; bail continued and varied for Menon for eight-week transition period; matters adjourned for sentencing directions and further consideration.

Orders

  • ['Bail refused for Adam Michael Cranston.' 'Matter adjourned for directions on sentencing (Cranston) on 4 May 2023.' 'Bail refused for Jason Cornell Onley.' 'Matter adjourned for directions on sentencing (Onley) on 4 May 2023.' "Menon's bail varied with conditions: residence, surrender of passport, restrictions on...