Day v R [2023] NSWCCA 160

Day v R [2023] NSWCCA 160

The existence of special or exceptional circumstances was established based on the success of a ground of appeal which entitles the applicant to the quashing of convictions and a new trial; accordingly, the applicant is to be treated as an unconvicted person subject to charge, justifying the grant of bail.

Jurisdiction
Australia
Judgment Date
26 June 2023
Procedural Posture
Criminal Appeal / Bail Application Pending Determination of Appeal
Outcome
Bail granted
Legal Topics
['bail Application' 'appeal Against Conviction' 'special or Exceptional Circumstances']
['criminal Law'] ['bail Application' 'appeal Against Conviction' 'special or Exceptional Circumstances']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Bail Application Pending Determination of Appeal

Legal Issues

  1. 1 ['Whether there are special or exceptional circumstances under Bail Act 2013 (NSW) s 22 justifying the grant of bail pending appeal']

Ratio Decidendi

The existence of special or exceptional circumstances was established based on the success of a ground of appeal which entitles the applicant to the quashing of convictions and a new trial; accordingly, the applicant is to be treated as an unconvicted person subject to charge, justifying the grant of bail.

Court Disposition

Bail granted

Orders

  • ['Bail granted subject to agreed conditions']