McGlone v Director of Public Prosecutions (Cth) [2019] NSWCCA 99

McGlone v Director of Public Prosecutions (Cth) [2019] NSWCCA 99

The Crown's concession that the applicant's fourth appeal ground had merit and that his convictions should be quashed with a new trial ordered was plainly a special and exceptional circumstance under s 22 of the Bail Act 2013 (NSW). After considering the s 18 matters, including the applicant's lack of prior criminal history apart from the convictions, strong family ties, previous compliance with bail, proposed conditions, and $150,000 security, the Court was satisfied there was no unacceptable risk within s 19(2). Bail was therefore granted with conditions.

Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Criminal Bail Release Application / Release Application Under S 49 of the Bail Act 2013 (nsw) Pending Conviction Appeal in the Court of Criminal Appeal
Outcome
Bail granted with conditions.
Legal Topics
['release Application' 'special or Exceptional Circumstances' 'unacceptable Risk Test' 'conviction Appeal' 'drug Importation Offences' 'conspiracy to Import Commercial Quantities of Methamphetamine and Pseudoephedrine' 'proceeds of Crime']
['criminal Law' 'bail'] ['release Application' 'special or Exceptional Circumstances' 'unacceptable Risk Test' 'conviction Appeal' 'drug Importation Offences' 'conspiracy to Import Commercial Quantities of Methamphetamine and Pseudoephedrine' 'proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Bail Release Application / Release Application Under S 49 of the Bail Act 2013 (nsw) Pending Conviction Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the Crown concession that the applicant's conviction appeal ground alleging miscarriage of justice had merit was a special or exceptional circumstance justifying bail under s 22 of the Bail Act 2013 (NSW)." 'Whether, if special or exceptional circumstances existed, there was an unacceptable risk that the applicant would fail to appear, commit a serious offence, endanger safety, or interfere with witnesses or evidence.']

Ratio Decidendi

The Crown's concession that the applicant's fourth appeal ground had merit and that his convictions should be quashed with a new trial ordered was plainly a special and exceptional circumstance under s 22 of the Bail Act 2013 (NSW). After considering the s 18 matters, including the applicant's lack of prior criminal history apart from the convictions, strong family ties, previous compliance with bail, proposed conditions, and $150,000 security, the Court was satisfied there was no unacceptable risk within s 19(2). Bail was therefore granted with conditions.

Court Disposition

Bail granted with conditions.

Orders

  • ["The applicant's release application was granted." 'The applicant was granted bail on conditions.']