Trevascus v R [2020] NSWCCA 323

Trevascus v R [2020] NSWCCA 323

The applicant failed to demonstrate special or exceptional circumstances justifying release on bail under s.22(1) Bail Act 2013, as the grounds of appeal had no reasonable prospects of success, and there were significant concerns of unacceptable risk if bail were granted.

Parties
Applicant: Ryan Trevascus; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Bail Application (release Application) Pending Appeal / Application for Release on Bail Pending Appeal Against Conviction and Sentence
Outcome
Application for release on bail dismissed
Legal Topics
Bail Pending Appeal, Special or Exceptional Circumstances, Unacceptable Risk, Jury Directions, Summation of Defence Case
Criminal Law Bail Bail Pending Appeal Special or Exceptional Circumstances Unacceptable Risk Jury Directions Summation of Defence Case

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Parties

Ryan Trevascus

Applicant

Regina

Respondent

Procedural Posture

Bail Application (release Application) Pending Appeal / Application for Release on Bail Pending Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether special or exceptional circumstances exist justifying bail under s.22(1) Bail Act 2013 for a pending criminal appeal
  2. 2 Whether the bail applicant poses an unacceptable risk under the Bail Act 2013
  3. 3 Whether the trial judge failed to properly direct the jury as to elements of the offences and failed to summarise the defence case

Ratio Decidendi

The applicant failed to demonstrate special or exceptional circumstances justifying release on bail under s.22(1) Bail Act 2013, as the grounds of appeal had no reasonable prospects of success, and there were significant concerns of unacceptable risk if bail were granted.

Court Disposition

Application for release on bail dismissed

Orders

  • The Applicant's release application is dismissed.