THE REGISTRAR COURT OF APPEAL v KARL PELECHOWSKI [1998] NSWCA 184

THE REGISTRAR COURT OF APPEAL v KARL PELECHOWSKI [1998] NSWCA 184

Even assuming power exists under the Bail Act 1978, this was not a proper case for bail pending special leave to appeal given nature of offence, sentence, timing of hearing, and absence of exceptional circumstances.

Parties
Applicant: Karl Pelechowski; Opponent: Registrar Court of Appeal
Jurisdiction
Australia
Judgment Date
11 February 1998
Procedural Posture
Criminal Contempt / Bail Application Pending Special Leave to Appeal
Outcome
bail application refused
Legal Topics
Bail, Special Leave to Appeal
Criminal Law Contempt of Court Procedure Bail Special Leave to Appeal

Case Brief

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Parties

Karl Pelechowski

Applicant

Registrar Court of Appeal

Opponent

Procedural Posture

Criminal Contempt / Bail Application Pending Special Leave to Appeal

Legal Issues

  1. 1 Does the Court of Appeal have power to grant bail under the Bail Act 1978 for an application for special leave to appeal to the High Court?
  2. 2 Should the power be exercised in the circumstances of this case?

Ratio Decidendi

Even assuming power exists under the Bail Act 1978, this was not a proper case for bail pending special leave to appeal given nature of offence, sentence, timing of hearing, and absence of exceptional circumstances.

Court Disposition

bail application refused

Orders

  • Bail refused.