Miles v R [2012] NSWCCA 88

Miles v R [2012] NSWCCA 88

Applicant did not establish special or exceptional circumstances justifying the grant of bail pending appeal. Merely arguable grounds and preparation difficulties were insufficient under s 30AA of the Bail Act 1978.

Parties
Applicant: Keith Miles; Respondent: Crown
Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Application for Bail Pending Appeal / Bail Review Application Before Court of Criminal Appeal
Outcome
Application for bail dismissed
Legal Topics
Bail Pending Appeal, Special or Exceptional Circumstances, Unrepresented Litigant, Appeal Grounds
Criminal Law Procedure Bail Pending Appeal Special or Exceptional Circumstances Unrepresented Litigant Appeal Grounds

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Parties

Keith Miles

Applicant

Crown

Respondent

Procedural Posture

Application for Bail Pending Appeal / Bail Review Application Before Court of Criminal Appeal

Legal Issues

  1. 1 Whether special or exceptional circumstances exist to justify the grant of bail pending appeal under s 30AA of the Bail Act 1978
  2. 2 Whether applicant's prospects of appeal success warrant bail
  3. 3 Whether applicant's imprisonment inhibits preparation of his appeal sufficiently to constitute special circumstances

Ratio Decidendi

Applicant did not establish special or exceptional circumstances justifying the grant of bail pending appeal. Merely arguable grounds and preparation difficulties were insufficient under s 30AA of the Bail Act 1978.

Court Disposition

Application for bail dismissed

Orders

  • Application for bail be dismissed.
  • Recommendation to Department of Corrective Services to assist applicant in preparing his appeal.