Seong Won Lee and Do Young Lee v Regina [2012] NSWSC 1168

Seong Won Lee and Do Young Lee v Regina [2012] NSWSC 1168

The Court held that neither the delay before the continuation of the appeal hearing, the Crown's concession as to a miscarriage of justice, nor the lack of opposition from the Crown, whether considered individually or together, constituted 'special or exceptional circumstances' within s 30AA of the Bail Act 1978. Accordingly, the applications for bail must be dismissed.

Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Interlocutory Applications / Application for Bail Pending Appeal
Outcome
Applications for bail dismissed
Legal Topics
['bail' 'post Conviction Bail' 'special or Exceptional Circumstances' 'miscarriage of Justice' 'drug Offences' 'weapons Offences']
['criminal Law'] ['bail' 'post Conviction Bail' 'special or Exceptional Circumstances' 'miscarriage of Justice' 'drug Offences' 'weapons Offences']

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

Interlocutory Applications / Application for Bail Pending Appeal

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist justifying the grant of bail under s 30AA of the Bail Act 1978 pending appeal' 'Whether the concession by the Crown and the delay before the appeal hearing are sufficient to grant bail' 'Whether the existence of a miscarriage of justice during the trial constitutes special or exceptional circumstances']

Ratio Decidendi

The Court held that neither the delay before the continuation of the appeal hearing, the Crown's concession as to a miscarriage of justice, nor the lack of opposition from the Crown, whether considered individually or together, constituted 'special or exceptional circumstances' within s 30AA of the Bail Act 1978. Accordingly, the applications for bail must be dismissed.

Court Disposition

Applications for bail dismissed

Orders

  • ['Application for bail by Seong Won Lee dismissed' 'Application for bail by Do Young Lee dismissed']