REGINA v. MACLEOD [2002] NSWCCA 226

REGINA v. MACLEOD [2002] NSWCCA 226

Special and exceptional circumstances were established by the combination of the High Court's grant of special leave on substantial grounds, the likelihood that the applicant would serve most or all of the custodial component before the appeal or any new trial could be resolved, and the availability of a surety and accommodation; bail should therefore be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
07 June 2002
Procedural Posture
Application for Bail Pending Appeal to the High Court of Australia / Special Leave to Appeal Already Granted; Bail Application in the Court of Criminal Appeal
Outcome
Bail granted.
Legal Topics
['bail Pending Appeal' 'special and Exceptional Circumstances' 'appeal to the High Court of Australia' 'fraudulent Application of Company Property' 'securities Offences']
['criminal Law' 'bail' 'corporations Law' 'sentencing'] ['bail Pending Appeal' 'special and Exceptional Circumstances' 'appeal to the High Court of Australia' 'fraudulent Application of Company Property' 'securities Offences']

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Procedural Posture

Application for Bail Pending Appeal to the High Court of Australia / Special Leave to Appeal Already Granted; Bail Application in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether special and exceptional circumstances were shown to justify bail pending the hearing of an appeal to the High Court of Australia.' 'Whether the likelihood that a substantial portion of the custodial component of the sentence would be served before the appeal was decided, together with other factors, warranted bail.']

Ratio Decidendi

Special and exceptional circumstances were established by the combination of the High Court's grant of special leave on substantial grounds, the likelihood that the applicant would serve most or all of the custodial component before the appeal or any new trial could be resolved, and the availability of a surety and accommodation; bail should therefore be granted subject to conditions.

Court Disposition

Bail granted.

Orders

  • ["The applicant is to reside at 130 O'Connell Street, North Parramatta, or such other address as is notified in advance to the Director of Public Prosecutions." 'The applicant is to surrender any passport that may come into his possession and not seek to obtain any other passport or travel documents.' 'The applicant...