Obeid v R (No 2) [2016] NSWCCA 321

Obeid v R (No 2) [2016] NSWCCA 321

Special or exceptional circumstances justifying bail pending appeal were not established because most grounds of appeal concerned matters not raised at trial, no explanation was given for this, and the applicant’s case was not sufficiently strong, even in combination with personal and procedural factors, to meet the threshold requirement of s 22 of the Bail Act.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Bail Application Pending Appeal / Application for Bail Pending Appeal
Outcome
Bail refused
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk Test']
['criminal Law' 'procedure'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk Test']

Case Brief

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Procedural Posture

Bail Application Pending Appeal / Application for Bail Pending Appeal

Legal Issues

  1. 1 ['Does the applicant demonstrate special or exceptional circumstances justifying bail pending appeal under s 22 Bail Act 2013 (NSW)?' 'Is there a reasonably arguable prospect of success on appeal?' 'Do the combined personal and procedural factors amount to special or exceptional circumstances?']

Ratio Decidendi

Special or exceptional circumstances justifying bail pending appeal were not established because most grounds of appeal concerned matters not raised at trial, no explanation was given for this, and the applicant’s case was not sufficiently strong, even in combination with personal and procedural factors, to meet the threshold requirement of s 22 of the Bail Act.

Court Disposition

Bail refused

Orders

  • ['Application for bail pending appeal refused']