Stefano Pelle v The Queen [1983] FCA 222

Stefano Pelle v The Queen [1983] FCA 222

Exceptional circumstances have not been established to warrant granting bail pending appeal; the prospects of succeeding on the ground that the indictment was for an offence not known to the law are not sufficient to constitute exceptional circumstances.

Parties
Applicant: Stefano Pelle; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
29 August 1983
Procedural Posture
Application for Bail Pending Appeal / Post Conviction, Post Sentence; Bail Application Pending Appeal
Outcome
Application dismissed
Legal Topics
Bail After Conviction, Conspiracy Offences, Validity of Indictment
Criminal Law Bail After Conviction Conspiracy Offences Validity of Indictment

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Parties

Stefano Pelle

Applicant

The Queen

Respondent

Procedural Posture

Application for Bail Pending Appeal / Post Conviction, Post Sentence; Bail Application Pending Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to warrant granting bail pending appeal
  2. 2 Whether the indictment disclosed an offence known to the law

Ratio Decidendi

Exceptional circumstances have not been established to warrant granting bail pending appeal; the prospects of succeeding on the ground that the indictment was for an offence not known to the law are not sufficient to constitute exceptional circumstances.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.