Dunstan v The Queen [2000] FCA 686

Dunstan v The Queen [2000] FCA 686

The applicant did not establish exceptional circumstances warranting bail; neither individually nor collectively did the asserted difficulties satisfy the legal standard for granting bail pending appeal. Accordingly, the application for bail was refused.

Jurisdiction
Australia
Judgment Date
19 May 2000
Procedural Posture
Criminal Application for Bail Pending Appeal / Post Conviction; Decision on Bail Application
Outcome
Application for bail pending appeal refused; order made for applicant to be held at Belconnen Remand Centre until 5 June 2000.
Legal Topics
['bail' 'appeal' 'exceptional Circumstances']
['criminal Law' 'procedure'] ['bail' 'appeal' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Criminal Application for Bail Pending Appeal / Post Conviction; Decision on Bail Application

Legal Issues

  1. 1 ['Whether the applicant established exceptional circumstances for bail pending appeal' 'Whether difficulties with legal representation, communication, and medical treatment justify bail']

Ratio Decidendi

The applicant did not establish exceptional circumstances warranting bail; neither individually nor collectively did the asserted difficulties satisfy the legal standard for granting bail pending appeal. Accordingly, the application for bail was refused.

Court Disposition

Application for bail pending appeal refused; order made for applicant to be held at Belconnen Remand Centre until 5 June 2000.

Orders

  • ['Bail pending the appeal is refused.' 'The applicant be held at the Belconnen Remand Centre until 5 June 2000.']