R v Thomas [2014] NSWSC 1975

R v Thomas [2014] NSWSC 1975

Special or exceptional circumstances existed because Mr Thomas would likely serve the only custodial portion of his sentence before the appeal could be heard, and the totality of his personal and family circumstances supported consideration of bail. Although there was an unacceptable risk that he might fail to appear, that risk could be mitigated by strict bail conditions, particularly given his previous compliance with bail and the minimal risks of further serious offending, danger to the community, or interference with witnesses or evidence.

Jurisdiction
Australia
Judgment Date
04 June 2014
Procedural Posture
Criminal Law – Bail / Application for Bail Pending Hearing of an Application for Leave to Appeal to the Court of Criminal Appeal From Sentence
Outcome
Conditional bail granted
Legal Topics
['bail' 'appeal Bail' 'sentence Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk']
['criminal Law'] ['bail' 'appeal Bail' 'sentence Appeal' 'special or Exceptional Circumstances' 'unacceptable Risk']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law – Bail / Application for Bail Pending Hearing of an Application for Leave to Appeal to the Court of Criminal Appeal From Sentence

Legal Issues

  1. 1 ['Whether bail could be considered where a notice of intention to apply for leave to appeal against sentence had been lodged.' 'Whether special or exceptional circumstances existed under s 22 of the Bail Act 2013 to justify granting bail pending appeal.' 'Whether any unacceptable risk, in particular risk of failure to appear, could be sufficiently mitigated by bail conditions.']

Ratio Decidendi

Special or exceptional circumstances existed because Mr Thomas would likely serve the only custodial portion of his sentence before the appeal could be heard, and the totality of his personal and family circumstances supported consideration of bail. Although there was an unacceptable risk that he might fail to appear, that risk could be mitigated by strict bail conditions, particularly given his previous compliance with bail and the minimal risks of further serious offending, danger to the community, or interference with witnesses or evidence.

Court Disposition

Conditional bail granted

Orders

  • ['Conditional bail granted.' 'The applicant is to appear before the Court of Criminal Appeal on the date fixed by that court.' 'Unless the matter has previously been dealt with by the Court of Criminal Appeal, the matter is to return before Campbell J on 4 September 2014.' 'Conduct requirements were imposed; bail...