Gray (a pseudonym) v R [2020] NSWSC 390

Gray (a pseudonym) v R [2020] NSWSC 390

Conditional bail was justified because the applicant had an arguable appeal with a reasonable prospect of success, the appeal was unlikely to be heard and determined before he had served most or all of his non-parole period, the pandemic created exceptional circumstances, and the identified bail risks could be ameliorated by strict conditions including house arrest with his grandmother and no access to children under sixteen.

Jurisdiction
Australia
Judgment Date
01 April 2020
Procedural Posture
Bail Application / Application for Bail Pending Appeal to the Court of Criminal Appeal Against Conviction on Indictment
Outcome
Conditional bail granted.
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'juvenile Offender' 'covid 19 Pandemic' 'non Parole Period']
['criminal Law' 'bail'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'juvenile Offender' 'covid 19 Pandemic' 'non Parole Period']

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Procedural Posture

Bail Application / Application for Bail Pending Appeal to the Court of Criminal Appeal Against Conviction on Indictment

Legal Issues

  1. 1 ['Whether the applicant established special or exceptional circumstances justifying bail pending an appeal to the Court of Criminal Appeal against conviction on indictment.' 'Whether any bail concerns, including failure to appear, commission of a serious offence, endangerment of safety, or interference with witnesses or evidence, gave rise to an unacceptable risk that could not be mitigated by conditions.' 'Whether the likely timing of the appeal, the expiry of most or all of the non-parole period, and the pandemic supported a grant of conditional bail.']

Ratio Decidendi

Conditional bail was justified because the applicant had an arguable appeal with a reasonable prospect of success, the appeal was unlikely to be heard and determined before he had served most or all of his non-parole period, the pandemic created exceptional circumstances, and the identified bail risks could be ameliorated by strict conditions including house arrest with his grandmother and no access to children under sixteen.

Court Disposition

Conditional bail granted.

Orders

  • ['For the charge of sexual intercourse with a child under the age of ten in contravention of s 66A(1) of the Crimes Act said to have been committed between 30 October 2017 and 19 November 2017, conditional bail is granted.' 'For bail conditions see court file.']