Petreski v Cargill, P.J. [1986] FCA 586

Petreski v Cargill, P.J. [1986] FCA 586

The express limitation of s.216 of the Magistrates Court Ordinance 1930 (A.C.T.) to the period between sentence in the Magistrates Court and disposition of the appeal to the Supreme Court supported the continued application of the general principle that, after the Supreme Court has dealt with the matter, bail is...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 December 1986
Procedural Posture
Application for Bail Pending Appeal / Ex Tempore Reasons for Judgment
Outcome
Application dismissed.
Legal Topics
['bail Pending Appeal' 'appeal Against Sentence' 'exceptional Circumstances' 'stay of Sentence']
['criminal Law' 'criminal Procedure'] ['bail Pending Appeal' 'appeal Against Sentence' 'exceptional Circumstances' 'stay of Sentence']

Source-derived case record

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Procedural Posture

Application for Bail Pending Appeal / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ["Whether bail should be granted pending the hearing of the applicant's appeal to the Federal Court against the Supreme Court of the Australian Capital Territory's dismissal of his sentence appeals." 'Whether s.216 of the Magistrates Court Ordinance 1930 (A.C.T.) displaced the general principle that bail after conviction and sentence is granted only in exceptional circumstances.' 'Whether the likely delay before the appeal hearing constituted exceptional circumstances.']

Ratio Decidendi

The express limitation of s.216 of the Magistrates Court Ordinance 1930 (A.C.T.) to the period between sentence in the Magistrates Court and disposition of the appeal to the Supreme Court supported the continued application of the general principle that, after the Supreme Court has dealt with the matter, bail is granted only in exceptional circumstances. The likely period before the Federal Court appeal would be heard, even though it might amount to about half or more of the six-month period before release on recognizance, was not by itself sufficient, having regard to the nature and circumstances of the offences, to constitute exceptional circumstances.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']