R v Moore [2015] NSWSC 1262

R v Moore [2015] NSWSC 1262

Special or exceptional circumstances were established by the accumulation of factors: the fraud case had unusual features concerning the precise nature of the alleged deception; the proposed appeal had guarded but real prospects; trial transcripts were unavailable and formal grounds could not yet be formulated; the appeal was unlikely to be resolved before the applicant had served a substantial part of his non-parole period; the applicant had little criminal history and had previously complied with bail; and the Crown conceded there were no unacceptable risks under ss 17 to 19. The only identified bail concern, risk of non-appearance, could be addressed by strict conditions.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Criminal Release Application Under the Bail Act 2013 (nsw) Pending Appeal / After Conviction by Jury and Sentence on Indictment; Application for Bail Pending Appeal
Outcome
Bail granted subject to conditions.
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'dishonestly Obtaining a Benefit by Deception' 'dealing With the Proceeds of Crime' 'delay Pending Appeal' 'trial Transcript Unavailable']
['criminal Law' 'bail' 'fraud'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk' 'dishonestly Obtaining a Benefit by Deception' 'dealing With the Proceeds of Crime' 'delay Pending Appeal' 'trial Transcript Unavailable']

Case Brief

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Procedural Posture

Criminal Release Application Under the Bail Act 2013 (nsw) Pending Appeal / After Conviction by Jury and Sentence on Indictment; Application for Bail Pending Appeal

Legal Issues

  1. 1 ['Whether the applicant established special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW) justifying bail after conviction and sentence pending appeal.' 'Whether the likely delay before the appeal, relative to the non-parole period, combined with the unusual features of the fraud case and guarded prospects of appeal success, justified bail.' 'Whether any bail concerns or unacceptable risks under ss 17 to 19 of the Bail Act 2013 (NSW) precluded release.']

Ratio Decidendi

Special or exceptional circumstances were established by the accumulation of factors: the fraud case had unusual features concerning the precise nature of the alleged deception; the proposed appeal had guarded but real prospects; trial transcripts were unavailable and formal grounds could not yet be formulated; the appeal was unlikely to be resolved before the applicant had served a substantial part of his non-parole period; the applicant had little criminal history and had previously complied with bail; and the Crown conceded there were no unacceptable risks under ss 17 to 19. The only identified bail concern, risk of non-appearance, could be addressed by strict conditions.

Court Disposition

Bail granted subject to conditions.

Orders

  • ['To be of good behaviour.' 'To report to [REDACTED] Police Station twice daily between the hours of 8am and 10am and 4pm and 6pm.' 'To live at [REDACTED].' 'To appear at the Court of Criminal Appeal on such date that his appeal is listed for hearing.' 'To prosecute his appeal with expedition.' 'Not to take any...