Gould v R (Cth) [2021] NSWCCA 27

Gould v R (Cth) [2021] NSWCCA 27

The applicant failed to establish special or exceptional circumstances justifying release on bail under s 22 of the Bail Act 2013 (NSW), as arguments concerning the merits of the appeal, delay, and health issues were not sufficient either singly or in combination to meet the statutory threshold.

Parties
Applicant: Vanda Gould; Crown: Regina (Cth)
Jurisdiction
Australia
Judgment Date
05 March 2021
Procedural Posture
Criminal / Release Application Pending Appeal
Outcome
Release application dismissed
Legal Topics
Bail Application, Appeal Against Conviction, Exceptional Circumstances, Health Concerns in Custody
Criminal Law Bail Application Appeal Against Conviction Exceptional Circumstances Health Concerns in Custody

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Parties

Vanda Gould

Applicant

Regina (Cth)

Crown

Procedural Posture

Criminal / Release Application Pending Appeal

Legal Issues

  1. 1 Whether special or exceptional circumstances exist to justify a grant of bail pending appeal under s 22 of the Bail Act 2013 (NSW)
  2. 2 Whether applicant's health concerns in custody amount to special or exceptional circumstances
  3. 3 Whether delay and arguable prospects of appeal justify release

Ratio Decidendi

The applicant failed to establish special or exceptional circumstances justifying release on bail under s 22 of the Bail Act 2013 (NSW), as arguments concerning the merits of the appeal, delay, and health issues were not sufficient either singly or in combination to meet the statutory threshold.

Court Disposition

Release application dismissed

Orders

  • Application for bail refused