Singh v R [2022] NSWCCA 86

Singh v R [2022] NSWCCA 86

Because Stanley v Director of Public Prosecutions [2021] NSWCCA 337 constituted a relevant change in circumstances with a material and potentially adverse effect on the respondent's prospects in the judicial review proceedings, and the respondent did not object, revocation of conditional bail and remand to Corrective Services NSW were appropriate.

Jurisdiction
Australia
Judgment Date
30 March 2022
Procedural Posture
Bail Application in Criminal Judicial Review Proceedings / Crown Application for Detention After Prior Grant of Conditional Bail
Outcome
Conditional bail revoked and warrant ordered for remand to a Correctional Centre under the control of Corrective Services NSW.
Legal Topics
['revocation of Conditional Bail' 'detention Following Change in Circumstances' 's 39 Bail Act Warrant' 'sentence Appeal']
['bail' 'criminal Law' 'judicial Review'] ['revocation of Conditional Bail' 'detention Following Change in Circumstances' 's 39 Bail Act Warrant' 'sentence Appeal']

Case Brief

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Procedural Posture

Bail Application in Criminal Judicial Review Proceedings / Crown Application for Detention After Prior Grant of Conditional Bail

Legal Issues

  1. 1 ['Whether the grant of conditional bail made by Garling J on 2 December 2021 should be revoked.' 'Whether a warrant should issue pursuant to s 39 of the Bail Act 2013 (NSW) remanding the respondent to a Correctional Centre under the control of Corrective Services NSW.']

Ratio Decidendi

Because Stanley v Director of Public Prosecutions [2021] NSWCCA 337 constituted a relevant change in circumstances with a material and potentially adverse effect on the respondent's prospects in the judicial review proceedings, and the respondent did not object, revocation of conditional bail and remand to Corrective Services NSW were appropriate.

Court Disposition

Conditional bail revoked and warrant ordered for remand to a Correctional Centre under the control of Corrective Services NSW.

Orders

  • ['The grant of conditional bail by Garling J on 2 December 2021 is revoked.' 'A warrant is to be issued pursuant to s 39 of the Bail Act 2013 (NSW) remanding the respondent to a Correctional Centre under the control of Corrective Services NSW.']