R v Claxton [1999] NSWSC 653

R v Claxton [1999] NSWSC 653

Although special or exceptional circumstances existed because the applicant would have served virtually the whole sentence before the appeal was heard, bail was refused because the applicant had an appalling and recent record of dishonesty offending, the offence under appeal was alleged to have been committed only about three weeks after release from custody, there was a serious concern he would commit further offences while on bail, and his proposed grounds of appeal did not have strong or reasonably strong prospects of success.

Jurisdiction
Australia
Judgment Date
29 June 1999
Procedural Posture
Application for Bail in Appeal Against Conviction / After Appeal Against Conviction Adjourned
Outcome
Application dismissed, bail refused.
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'risk of Further Offending' 'prospects of Appeal' 'receiving']
['criminal Law' 'bail' 'criminal Procedure'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'risk of Further Offending' 'prospects of Appeal' 'receiving']

Case Brief

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Procedural Posture

Application for Bail in Appeal Against Conviction / After Appeal Against Conviction Adjourned

Legal Issues

  1. 1 ['Whether special or exceptional circumstances existed justifying the grant of bail to an appellant under s 30AA of the Bail Act 1978.' 'Whether, despite special or exceptional circumstances, bail should be refused having regard to the criteria in s 32 of the Bail Act 1978, including the likelihood of further offending while on bail.' "Whether the applicant's proposed grounds of appeal had substantial prospects of success."]

Ratio Decidendi

Although special or exceptional circumstances existed because the applicant would have served virtually the whole sentence before the appeal was heard, bail was refused because the applicant had an appalling and recent record of dishonesty offending, the offence under appeal was alleged to have been committed only about three weeks after release from custody, there was a serious concern he would commit further offences while on bail, and his proposed grounds of appeal did not have strong or reasonably strong prospects of success.

Court Disposition

Application dismissed, bail refused.

Orders

  • ['The application is dismissed.' 'Bail is refused.' 'The hearing of the appeal is expedited and the matter is to be placed in the first available callover.']