Regina v Nanai [2000] NSWCCA 204

Regina v Nanai [2000] NSWCCA 204

A bail application or bail variation application is not a proceeding for the prosecution of offenders on indictment within s5F of the Criminal Appeal Act. The appeal from the refusal to make the requested bail order was therefore incompetent and had to be dismissed.

Jurisdiction
Australia
Judgment Date
23 May 2000
Procedural Posture
Criminal Appeal Concerning Bail / Appeal to the Court of Criminal Appeal Under S5 F of the Criminal Appeal Act From a Bail Decision Made During a Supreme Court Trial
Outcome
Appeal dismissed.
Legal Topics
['bail' 'attendance of Accused for Trial' 'competency of Appeal' 'interlocutory Appeal']
['criminal Law and Procedure'] ['bail' 'attendance of Accused for Trial' 'competency of Appeal' 'interlocutory Appeal']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Concerning Bail / Appeal to the Court of Criminal Appeal Under S5 F of the Criminal Appeal Act From a Bail Decision Made During a Supreme Court Trial

Legal Issues

  1. 1 ['Whether a bail decision granting, refusing or varying bail is within the scope of the jurisdiction conferred by s5F of the Criminal Appeal Act.' 'Whether the appeal was competent notwithstanding the certificate given by the trial judge.']

Ratio Decidendi

A bail application or bail variation application is not a proceeding for the prosecution of offenders on indictment within s5F of the Criminal Appeal Act. The appeal from the refusal to make the requested bail order was therefore incompetent and had to be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']