DPP (NSW) v Hayne [2023] NSWSC 377

DPP (NSW) v Hayne [2023] NSWSC 377

None of the factors relied upon by the respondent, either individually or in combination, constituted special or exceptional circumstances justifying his continued release on bail after guilty verdicts for two grave sexual offences, where incarceration was inevitable. The detention application was therefore upheld and bail revoked.

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Detention Application Concerning Bail / De Novo Application After Jury Guilty Verdicts and Before Sentencing
Outcome
Detention application granted; bail revoked.
Legal Topics
['detention Application' 'revocation of Bail' 'special or Exceptional Circumstances' 'sexual Intercourse Without Consent' 'post Verdict Bail']
['criminal Law' 'bail'] ['detention Application' 'revocation of Bail' 'special or Exceptional Circumstances' 'sexual Intercourse Without Consent' 'post Verdict Bail']

Case Brief

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Procedural Posture

Detention Application Concerning Bail / De Novo Application After Jury Guilty Verdicts and Before Sentencing

Legal Issues

  1. 1 ['Whether the respondent established special or exceptional circumstances, individually or in combination, justifying continuation of bail under s 22B of the Bail Act 1978 (NSW).' 'Whether matters including sentencing preparation difficulties, family impact, conditions of custody, absence of unacceptable risk and a short remand period justified release on bail.']

Ratio Decidendi

None of the factors relied upon by the respondent, either individually or in combination, constituted special or exceptional circumstances justifying his continued release on bail after guilty verdicts for two grave sexual offences, where incarceration was inevitable. The detention application was therefore upheld and bail revoked.

Court Disposition

Detention application granted; bail revoked.

Orders

  • ['The detention application is upheld.' 'Bail is revoked.' "Mr Hayne must wait with the sheriff's officer for the prison officers to take him into custody."]