Carnaby v R [2021] NSWCCA 203

Carnaby v R [2021] NSWCCA 203

The applicant did not demonstrate special or exceptional circumstances as required by s 22 of the Bail Act 2013 (NSW), either individually or collectively, hence the threshold for granting bail pending an appeal was not met and the application was dismissed without consideration of the unacceptable risk test.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Bail Application Pending Appeal Against Conviction / Application for Release on Bail Pending Determination of Appeal
Outcome
Application dismissed; bail refused
Legal Topics
['bail' 'appeal Against Conviction' 'special and Exceptional Circumstances']
['criminal Law'] ['bail' 'appeal Against Conviction' 'special and Exceptional Circumstances']

Case Brief

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Procedural Posture

Bail Application Pending Appeal Against Conviction / Application for Release on Bail Pending Determination of Appeal

Legal Issues

  1. 1 ['Whether the applicant demonstrated special and exceptional circumstances justifying bail pending appeal' 'Whether the Court should grant bail under s 22 of the Bail Act 2013 (NSW)']

Ratio Decidendi

The applicant did not demonstrate special or exceptional circumstances as required by s 22 of the Bail Act 2013 (NSW), either individually or collectively, hence the threshold for granting bail pending an appeal was not met and the application was dismissed without consideration of the unacceptable risk test.

Court Disposition

Application dismissed; bail refused

Orders

  • ['The release application is dismissed.' 'Bail is refused.']