Roach v R [2019] NSWCCA 54

Roach v R [2019] NSWCCA 54

The Court was not satisfied that the appeal was most likely to succeed and thus no special or exceptional circumstances justifying bail were established under s 22(1)(a) of the Bail Act 2013 (NSW).

Parties
Applicant: Peter David Roach; Respondent: Crown (Cth)
Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Bail Application Pending Appeal / Application for Release Order Pending Appeal
Outcome
Application refused
Legal Topics
Bail Pending Appeal, Special or Exceptional Circumstances, Strength of Appeal, Competence of Counsel
Criminal Law Bail Bail Pending Appeal Special or Exceptional Circumstances Strength of Appeal Competence of Counsel

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Parties

Peter David Roach

Applicant

Crown (Cth)

Respondent

Procedural Posture

Bail Application Pending Appeal / Application for Release Order Pending Appeal

Legal Issues

  1. 1 Whether special or exceptional circumstances justify bail pending appeal under s 22(1)(a) of Bail Act 2013 (NSW)
  2. 2 Whether the asserted strength of the appeal makes the appeal 'most likely to succeed'

Ratio Decidendi

The Court was not satisfied that the appeal was most likely to succeed and thus no special or exceptional circumstances justifying bail were established under s 22(1)(a) of the Bail Act 2013 (NSW).

Court Disposition

Application refused

Orders

  • Application for release order pending appeal refused