Keli LANE v Regina [2013] NSWSC 146

Keli LANE v Regina [2013] NSWSC 146

The applicant did not establish special or exceptional circumstances under s 30AA because neither relied-upon appeal ground was shown to be most likely to succeed. There was no evidence at trial of an unlawful and dangerous act capable of supporting manslaughter, and the complaint about the Crown Prosecutor's questions required detailed appellate analysis, especially given that the questions were grounded in the evidence, no objection was taken at trial, and the trial judge clearly directed the jury that the defence bore no onus of proof.

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Criminal Bail Application / Application for Bail Pending Conviction Appeal in the Court of Criminal Appeal
Outcome
Bail refused
Legal Topics
['bail After Conviction for Murder' 'special or Exceptional Circumstances Under S 30 AA of the Bail Act 1978 (nsw)' 'prospects of Success on Appeal' 'alternative Verdict of Manslaughter' 'onus of Proof in Crown Closing Address']
['criminal Law' 'bail' 'criminal Appeals'] ['bail After Conviction for Murder' 'special or Exceptional Circumstances Under S 30 AA of the Bail Act 1978 (nsw)' 'prospects of Success on Appeal' 'alternative Verdict of Manslaughter' 'onus of Proof in Crown Closing Address']

Case Brief

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Procedural Posture

Criminal Bail Application / Application for Bail Pending Conviction Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances existed under s 30AA of the Bail Act 1978 (NSW) justifying bail pending appeal.' 'Whether the appeal ground alleging failure to leave manslaughter to the jury was most likely to succeed.' "Whether the appeal ground alleging miscarriage from the Crown Prosecutor's questions in closing address and reversal of the onus of proof was most likely to succeed."]

Ratio Decidendi

The applicant did not establish special or exceptional circumstances under s 30AA because neither relied-upon appeal ground was shown to be most likely to succeed. There was no evidence at trial of an unlawful and dangerous act capable of supporting manslaughter, and the complaint about the Crown Prosecutor's questions required detailed appellate analysis, especially given that the questions were grounded in the evidence, no objection was taken at trial, and the trial judge clearly directed the jury that the defence bore no onus of proof.

Court Disposition

Bail refused

Orders

  • ['Bail is refused.']