Widdowson v R [2020] NSWCCA 213

Widdowson v R [2020] NSWCCA 213

The Court lacked jurisdiction to hear the bail application as no appeal was properly pending before the Court due to failure to file within prescribed time or seek extension; absent jurisdiction, the application must be struck out. Even if jurisdiction existed, the applicant did not demonstrate special or exceptional circumstances justifying bail under s 22 of the Bail Act 2013 (NSW).

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Criminal / Application for Bail After Conviction and Sentence; Prior Failed Notice of Intention to Appeal; Application Struck Out for Want of Jurisdiction
Outcome
Application for bail struck out for want of jurisdiction
Legal Topics
['bail' 'jurisdiction' 'appeals Post Conviction']
['criminal Law' 'procedure'] ['bail' 'jurisdiction' 'appeals Post Conviction']

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Procedural Posture

Criminal / Application for Bail After Conviction and Sentence; Prior Failed Notice of Intention to Appeal; Application Struck Out for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal has jurisdiction to consider a bail application when no appeal is properly pending before it' "Whether the applicant could meet the 'special or exceptional circumstances' test under s 22 of the Bail Act 2013 (NSW)"]

Ratio Decidendi

The Court lacked jurisdiction to hear the bail application as no appeal was properly pending before the Court due to failure to file within prescribed time or seek extension; absent jurisdiction, the application must be struck out. Even if jurisdiction existed, the applicant did not demonstrate special or exceptional circumstances justifying bail under s 22 of the Bail Act 2013 (NSW).

Court Disposition

Application for bail struck out for want of jurisdiction

Orders

  • ['Application for bail is struck out for want of jurisdiction']