R v Acevedo [2024] NSWSC 639

R v Acevedo [2024] NSWSC 639

It cannot be said that Mr Acevedo will be sentenced to imprisonment to be served by full-time detention; instead, a non-custodial sentence, such as a community corrections order, is a possible outcome. Given that, the strict limitation in s 22B(1)(a) Bail Act 2013 (NSW) does not apply. Mr Acevedo's grounds of appeal are at least arguable and enjoy reasonable prospects of success for the purpose of bail. Accordingly, it is appropriate to grant bail, subject to conditions.

Jurisdiction
Australia
Judgment Date
28 May 2024
Procedural Posture
Criminal / Bail Application Following Conviction, Prior to Sentencing
Outcome
Bail granted subject to conditions
Legal Topics
['bail' 'release Application' 'post Conviction Bail' 'community Corrections Order' 'reasonableness of Verdicts']
['crime'] ['bail' 'release Application' 'post Conviction Bail' 'community Corrections Order' 'reasonableness of Verdicts']

Case Brief

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Procedural Posture

Criminal / Bail Application Following Conviction, Prior to Sentencing

Legal Issues

  1. 1 ['Whether bail should be granted to Mr Acevedo following conviction and prior to sentencing' 'Whether s 22B of the Bail Act 2013 (NSW) applies, requiring special or exceptional circumstances' "Whether applicant 'will be sentenced to full-time imprisonment to be served by full-time detention'" 'Whether grounds of appeal are arguable and enjoy reasonable prospects of success']

Ratio Decidendi

It cannot be said that Mr Acevedo will be sentenced to imprisonment to be served by full-time detention; instead, a non-custodial sentence, such as a community corrections order, is a possible outcome. Given that, the strict limitation in s 22B(1)(a) Bail Act 2013 (NSW) does not apply. Mr Acevedo's grounds of appeal are at least arguable and enjoy reasonable prospects of success for the purpose of bail. Accordingly, it is appropriate to grant bail, subject to conditions.

Court Disposition

Bail granted subject to conditions

Orders

  • ['Mr Acevedo is to be of good behaviour.' 'He is to appear at the District Court at Sydney on 7 June 2024 and thereafter as required.' 'He is to reside at [REDACTED] on Mondays-Fridays and at [REDACTED] on Saturdays and Sundays.' 'He is to report to the Officer-in-Charge at Narellan Police Station every Saturday...