MILSOM, Nigel Thomas v R [2014] NSWCCA 118

MILSOM, Nigel Thomas v R [2014] NSWCCA 118

Special or exceptional circumstances were established because the application for leave to appeal had reasonably strong prospects of demonstrating a significant procedural error in the District Court sentencing proceedings, a potential outcome was remittal for reconsideration in its entirety, and that could cause further delay; although there was a small unacceptable risk of failure to appear or committing a serious offence, that risk could be sufficiently mitigated by strict bail conditions.

Jurisdiction
Australia
Judgment Date
26 June 2014
Procedural Posture
Bail Application Pending Determination of an Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Hearing the Application for Leave to Appeal and Reserving Decision
Outcome
Conditional bail granted.
Legal Topics
['special or Exceptional Circumstances' 'unacceptable Risk' 'bail Pending Appeal Against Sentence' 'armed Robbery With Wounding']
['criminal Law' 'bail' 'sentencing Appeal'] ['special or Exceptional Circumstances' 'unacceptable Risk' 'bail Pending Appeal Against Sentence' 'armed Robbery With Wounding']

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Procedural Posture

Bail Application Pending Determination of an Application for Leave to Appeal Against Sentence / Court of Criminal Appeal After Hearing the Application for Leave to Appeal and Reserving Decision

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal had power under the Bail Act 2013 to grant bail pending determination of an application for leave to appeal against sentence.' 'Whether special or exceptional circumstances were established under s 22 of the Bail Act 2013.' 'Whether any unacceptable risk could be sufficiently mitigated by bail conditions.']

Ratio Decidendi

Special or exceptional circumstances were established because the application for leave to appeal had reasonably strong prospects of demonstrating a significant procedural error in the District Court sentencing proceedings, a potential outcome was remittal for reconsideration in its entirety, and that could cause further delay; although there was a small unacceptable risk of failure to appear or committing a serious offence, that risk could be sufficiently mitigated by strict bail conditions.

Court Disposition

Conditional bail granted.

Orders

  • ['The applicant be of good behaviour.' 'The applicant report to the officer in charge of police at Newcastle each Monday, Wednesday and Friday between 8:00am and 8:00pm.' 'The applicant reside at 39 Albert Street, Wickham.' 'The applicant appear as and when required by the Court.']