IONGI v R [2022] NSWCCA 42

IONGI v R [2022] NSWCCA 42

As no bail decision has been made by the Supreme Court in respect of the new charges (sequences 3–5), the Court of Criminal Appeal has no jurisdiction to hear the release application pursuant to Bail Act 2013 (NSW), s 67(1)(e).

Source-derived case information.

Parties
Applicant: Otenili Iongi; Respondent: Director of Public Prosecutions (Cth)
Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Release Application for Bail / Application to Court of Criminal Appeal Following Refusal of Bail in Local and Supreme Courts
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Bail Application, Jurisdiction, Construction of Bail Act 2013
Criminal Law Bail Application Jurisdiction Construction of Bail Act 2013

Source-derived case record

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Parties

Otenili Iongi

Applicant

Director of Public Prosecutions (Cth)

Respondent

Procedural Posture

Release Application for Bail / Application to Court of Criminal Appeal Following Refusal of Bail in Local and Supreme Courts

Legal Issues

  1. 1 Whether the Court of Criminal Appeal has jurisdiction to hear the release application for new charges
  2. 2 Interpretation of Bail Act 2013 provisions regarding Court of Criminal Appeal's power

Ratio Decidendi

As no bail decision has been made by the Supreme Court in respect of the new charges (sequences 3–5), the Court of Criminal Appeal has no jurisdiction to hear the release application pursuant to Bail Act 2013 (NSW), s 67(1)(e).

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • Application dismissed for want of jurisdiction