KOPUZ v DISTRICT COURT OF NEW SOUTH WALES (NO 2) [1992] NSWCA 125

KOPUZ v DISTRICT COURT OF NEW SOUTH WALES (NO 2) [1992] NSWCA 125

It was unnecessary to determine the precise source of the power to grant bail; either under the Bail Act 1978 or inherent powers of the Court, the claimant was entitled to bail having established a concrete case raising the prospect of success. Bail was therefore granted pending the outcome of the summons.

Parties
Claimant: Engin Kopuz; 1st Opponent: District Court of New South Wales; 2nd Opponent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
14 May 1992
Procedural Posture
Criminal / Application for Bail Pending Determination of Summons for Prerogative Relief
Outcome
bail granted
Legal Topics
Bail, Prerogative Relief, Court of Appeal Jurisdiction
Criminal Law Criminal Procedure Bail Prerogative Relief Court of Appeal Jurisdiction

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Engin Kopuz

Claimant

District Court of New South Wales

1st Opponent

Director of Public Prosecutions

2nd Opponent

Procedural Posture

Criminal / Application for Bail Pending Determination of Summons for Prerogative Relief

Legal Issues

  1. 1 Whether a single Judge of Appeal may grant bail pending the outcome of a summons for prerogative relief directed to the District Court concerning conviction and sentence in an appeal under the Justices Act 1902
  2. 2 Whether the power to grant bail derives from the Bail Act 1978 or from the inherent power of the Court of Appeal

Ratio Decidendi

It was unnecessary to determine the precise source of the power to grant bail; either under the Bail Act 1978 or inherent powers of the Court, the claimant was entitled to bail having established a concrete case raising the prospect of success. Bail was therefore granted pending the outcome of the summons.

Court Disposition

bail granted

Orders

  • Grant bail to the claimant Engin Kopuz upon conditions: (1) report to the officer-in-charge of Blacktown police station each Thursday before 9 p.m., commencing 21 May 1992 and until determination of the summons or further order; (2) upon reasonable notice by the Registrar to his solicitor of judgment publication,...
  • The sentence imposed by Saunders DCJ is suspended and stayed pending further or other orders of the Court of Appeal in the summons.