R v Lyons [2018] NSWSC 223

R v Lyons [2018] NSWSC 223

Conditional bail was granted because any risk that the Applicant would fail to appear was entirely mitigated by proposed conditions, no other specified bail concerns were suggested, the Applicant had community support and health issues favouring release, and there was no realistic basis for the appeal to be heard or determined on the first District Court date, creating a real prospect that she would serve a substantial part of the sentence before the appeal could be heard.

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Application for Bail Pending Appeal From Local Court Convictions and Sentence to the District Court / Release Application in the Supreme Court of New South Wales After Bail Refused in the Local Court
Outcome
Conditional bail granted.
Legal Topics
['bail Pending Appeal' 'local Court Appeal to District Court' 'unacceptable Risk' 'prospects of Success on Appeal' 'delay Before Appeal Hearing' 'aboriginal Applicant Vulnerability' 'corporations (aboriginal and Torres Strait Islander) Offences']
['criminal Law' 'bail' 'criminal Appeals'] ['bail Pending Appeal' 'local Court Appeal to District Court' 'unacceptable Risk' 'prospects of Success on Appeal' 'delay Before Appeal Hearing' 'aboriginal Applicant Vulnerability' 'corporations (aboriginal and Torres Strait Islander) Offences']

Case Brief

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Procedural Posture

Application for Bail Pending Appeal From Local Court Convictions and Sentence to the District Court / Release Application in the Supreme Court of New South Wales After Bail Refused in the Local Court

Legal Issues

  1. 1 ['Whether the Supreme Court should grant bail to the Applicant pending her all grounds appeal to the District Court from Local Court convictions and sentence.' 'Whether any unacceptable risk, particularly risk of failing to appear, could be mitigated by bail conditions.' 'Whether delay before the District Court appeal could result in the Applicant serving a substantial part of the sentence before the appeal is heard.' "What weight should be given to the Applicant's community support, health issues and Aboriginality."]

Ratio Decidendi

Conditional bail was granted because any risk that the Applicant would fail to appear was entirely mitigated by proposed conditions, no other specified bail concerns were suggested, the Applicant had community support and health issues favouring release, and there was no realistic basis for the appeal to be heard or determined on the first District Court date, creating a real prospect that she would serve a substantial part of the sentence before the appeal could be heard.

Court Disposition

Conditional bail granted.

Orders

  • ['Conditional bail granted.' 'The grant of bail was to include a condition that the Applicant prosecute the appeal to the District Court expeditiously.' 'The conditions are not included in the judgment.']