Regina v MFA [2002] NSWCCA 49

Regina v MFA [2002] NSWCCA 49

Given the most unusual combination of circumstances, including the grant of special leave, uncertainty as to when the High Court appeal would be heard and decided, the likelihood that the non-parole period might expire before determination, the applicant's prior compliance with bail, and the potential for an acquittal if the appeal succeeded, the applicant satisfied s 30AA of the Bail Act 1978 and was entitled to bail.

Jurisdiction
Australia
Judgment Date
04 March 2002
Procedural Posture
Application for Bail Pending Determination of Appeal to the High Court / Court of Criminal Appeal Bail Application After Special Leave to Appeal Was Granted
Outcome
Bail granted upon agreed conditions.
Legal Topics
['bail Pending Appeal' 'special or Exceptional Circumstances' 'appeal to High Court' 'sexual Offences']
['criminal Law' 'criminal Procedure'] ['bail Pending Appeal' 'special or Exceptional Circumstances' 'appeal to High Court' 'sexual Offences']

Case Brief

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Procedural Posture

Application for Bail Pending Determination of Appeal to the High Court / Court of Criminal Appeal Bail Application After Special Leave to Appeal Was Granted

Legal Issues

  1. 1 ["Whether special or exceptional circumstances existed under s 30AA of the Bail Act 1978 to justify granting bail pending the applicant's appeal to the High Court."]

Ratio Decidendi

Given the most unusual combination of circumstances, including the grant of special leave, uncertainty as to when the High Court appeal would be heard and decided, the likelihood that the non-parole period might expire before determination, the applicant's prior compliance with bail, and the potential for an acquittal if the appeal succeeded, the applicant satisfied s 30AA of the Bail Act 1978 and was entitled to bail.

Court Disposition

Bail granted upon agreed conditions.

Orders

  • ['The applicant is to reside at 2 Nymboida Crescent, Ruse.' 'The applicant is to surrender his passport, if applicable, and not apply for a further passport.' 'The applicant is to be of good behaviour.' 'The applicant is to report to the Officer in Charge, Campbelltown Police Station, on Mondays, Wednesdays and...