R v Khoo [2013] NSWSC 1518

R v Khoo [2013] NSWSC 1518

Bail was refused because the Applicant did not establish special or exceptional circumstances under s.30AA Bail Act 1978. The asserted sentence appeal grounds, individually and cumulatively, did not demonstrate that the appeal was most likely to succeed, and the likely appeal hearing date in about February 2014,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 October 2013
Procedural Posture
Criminal Bail Application Pending Sentence Appeal / Application for Bail After Sentence and Pending Application for Leave to Appeal Against Sentence to the Court of Criminal Appeal
Outcome
Bail refused
Legal Topics
['bail Pending Sentence Appeal' 'special or Exceptional Circumstances' 'communicating Inside Information' 'tipping Offences' 'manifest Excess' 'discount for Assistance and Guilty Pleas' 'parity' 'general Deterrence']
['criminal Law' 'bail' 'sentencing' 'corporations Law'] ['bail Pending Sentence Appeal' 'special or Exceptional Circumstances' 'communicating Inside Information' 'tipping Offences' 'manifest Excess' 'discount for Assistance and Guilty Pleas' 'parity' 'general Deterrence']

Source-derived case record

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Procedural Posture

Criminal Bail Application Pending Sentence Appeal / Application for Bail After Sentence and Pending Application for Leave to Appeal Against Sentence to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances were established under s.30AA Bail Act 1978 for bail pending a sentence appeal.' 'Whether the grounds of appeal against sentence were most likely to succeed rather than merely arguable.' "Whether the likely timing of the appeal hearing, considered with the grounds of appeal and the Applicant's earliest release date, constituted special or exceptional circumstances."]

Ratio Decidendi

Bail was refused because the Applicant did not establish special or exceptional circumstances under s.30AA Bail Act 1978. The asserted sentence appeal grounds, individually and cumulatively, did not demonstrate that the appeal was most likely to succeed, and the likely appeal hearing date in about February 2014, even though about half of the custodial component would then have passed, did not combine with those grounds to justify bail pending appeal.

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']