Bobbe v R [2021] NSWCCA 44

Bobbe v R [2021] NSWCCA 44

No special or exceptional circumstances were established to justify the grant of bail pending appeal as required under s 22 of the Bail Act 2013 (NSW); the applicant's claims regarding the plea and mistreatment were speculative or unsubstantiated; in respect of the escape charge, the strength of prosecution case,...

Source-derived case information.

Parties
Applicant: Mahmudul Hasan Bobbe; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Criminal Appeal / Bail Application Pending Appeal; Consideration of Release Application
Outcome
Release application dismissed; bail refused.
Legal Topics
Bail After Sentence on Indictment, Bail Pending Appeal, Special or Exceptional Circumstances, Appeal Against Conviction, Plea of Guilty on Indictment, Escape From Lawful Custody, Defence of Necessity on Escape Charge, Relevant Considerations for Bail, Prospects of Appeal
Criminal Law Bail After Sentence on Indictment Bail Pending Appeal Special or Exceptional Circumstances Appeal Against Conviction Plea of Guilty on Indictment Escape From Lawful Custody Defence of Necessity on Escape Charge +2 more

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Parties

Mahmudul Hasan Bobbe

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Bail Application Pending Appeal; Consideration of Release Application

Legal Issues

  1. 1 Whether special or exceptional circumstances exist justifying bail pending appeal after sentence on indictment
  2. 2 Assessment of bail concerns including risk of further offending, danger to community, and failure to appear
  3. 3 Strength of appeal against conviction entered after guilty plea

Ratio Decidendi

No special or exceptional circumstances were established to justify the grant of bail pending appeal as required under s 22 of the Bail Act 2013 (NSW); the applicant's claims regarding the plea and mistreatment were speculative or unsubstantiated; in respect of the escape charge, the strength of prosecution case, nature of the charge, and applicant's history gave rise to unacceptable bail concerns that were not mitigated by proposed conditions.

Court Disposition

Release application dismissed; bail refused.

Orders

  • The release application is dismissed.
  • Bail is refused.