Dedeoglu v R [2022] NSWCCA 74

Dedeoglu v R [2022] NSWCCA 74

Mr Dedeoglu's notice of application for leave to appeal was filed outside the applicable time limits, and he had not obtained any extension past 12 May 2021. Accordingly there were no proceedings pending before the Court and the Court had no jurisdiction to hear and determine the release application.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Bail Release Application in Proposed Conviction and Sentence Appeal / Preliminary Question of Jurisdiction to Hear and Determine Release Application
Outcome
Application struck out for want of jurisdiction.
Legal Topics
['release Application' 'pending Appeal' 'jurisdiction' 'extension of Time' 'special or Exceptional Circumstances']
['criminal Law' 'bail' 'criminal Procedure'] ['release Application' 'pending Appeal' 'jurisdiction' 'extension of Time' 'special or Exceptional Circumstances']

Case Brief

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Procedural Posture

Bail Release Application in Proposed Conviction and Sentence Appeal / Preliminary Question of Jurisdiction to Hear and Determine Release Application

Legal Issues

  1. 1 ["Whether the Court had jurisdiction to hear and determine the applicant's release application where no appeal was pending before the Court." 'Whether, assuming jurisdiction existed, the applicant established special or exceptional circumstances under s 22 of the Bail Act 2013 (NSW) justifying bail.']

Ratio Decidendi

Mr Dedeoglu's notice of application for leave to appeal was filed outside the applicable time limits, and he had not obtained any extension past 12 May 2021. Accordingly there were no proceedings pending before the Court and the Court had no jurisdiction to hear and determine the release application.

Court Disposition

Application struck out for want of jurisdiction.

Orders

  • ['The application is struck out for want of jurisdiction.']