D108 v R [2023] NSWCCA 28

D108 v R [2023] NSWCCA 28

Although cause was shown because the appeal was listed shortly before expiry of the non-parole period, tending to frustrate appeal rights, and because of the hardship affecting the applicant's family, bail was refused because the applicant posed an unacceptable risk of committing a serious offence. The applicant had been convicted of lying to the Crime Commission and interfering with an encrypted mobile phone while on bail, the circumstances strongly indicated association with organised crime, the prospects of overturning the convictions were slight, and the risk created by access to encrypted devices and organised crime associations could not be sufficiently ameliorated by the proposed...

Jurisdiction
Australia
Judgment Date
20 February 2023
Procedural Posture
Application for Bail Pending Appeal to the District Court Against Conviction and Sentence / Court of Criminal Appeal Application Following Refusal of Bail by the Supreme Court
Outcome
Application for bail refused
Legal Topics
['bail Pending Appeal' 'show Cause Offences' 'unacceptable Risk' 'risk of Committing a Serious Offence' 'misleading the NSW Crime Commission' 'organised Crime Associations' 'encrypted Mobile Phones']
['criminal Law' 'bail'] ['bail Pending Appeal' 'show Cause Offences' 'unacceptable Risk' 'risk of Committing a Serious Offence' 'misleading the NSW Crime Commission' 'organised Crime Associations' 'encrypted Mobile Phones']

Case Brief

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Procedural Posture

Application for Bail Pending Appeal to the District Court Against Conviction and Sentence / Court of Criminal Appeal Application Following Refusal of Bail by the Supreme Court

Legal Issues

  1. 1 ['Whether the applicant had shown cause why his detention was not justified under the Bail Act 2013 (NSW).' "Whether the applicant's release would create an unacceptable risk of failing to appear." "Whether the applicant's release would create an unacceptable risk of committing a serious offence." 'Whether proposed bail conditions and family circumstances sufficiently mitigated any bail concerns.' "Whether the applicant's prospects on appeal against conviction and sentence affected the bail assessment."]

Ratio Decidendi

Although cause was shown because the appeal was listed shortly before expiry of the non-parole period, tending to frustrate appeal rights, and because of the hardship affecting the applicant's family, bail was refused because the applicant posed an unacceptable risk of committing a serious offence. The applicant had been convicted of lying to the Crime Commission and interfering with an encrypted mobile phone while on bail, the circumstances strongly indicated association with organised crime, the prospects of overturning the convictions were slight, and the risk created by access to encrypted devices and organised crime associations could not be sufficiently ameliorated by the proposed...

Court Disposition

Application for bail refused

Orders

  • ['Bail is refused.']