Park v R [2022] NSWCCA 263

Park v R [2022] NSWCCA 263

The applicant failed to establish, either alone or in combination, special or exceptional circumstances justifying bail. The merit of the appeal was arguable but not strong, and time in custody or subjective hardship, while relevant, were insufficient to meet the threshold.

Parties
Applicant: You Jong Park; Respondent: Rex
Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Criminal Appeal (bail Application) / Application for Bail Pending Appeal Refused
Outcome
Application refused
Legal Topics
Bail, Special or Exceptional Circumstances, Appeal Against Conviction
Criminal Law Bail Special or Exceptional Circumstances Appeal Against Conviction

Case Brief

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Parties

You Jong Park

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal (bail Application) / Application for Bail Pending Appeal Refused

Legal Issues

  1. 1 Whether special or exceptional circumstances existed to justify granting bail pending appeal
  2. 2 Merit of applicant's case on appeal
  3. 3 Effect of time already served in custody and subjective considerations

Ratio Decidendi

The applicant failed to establish, either alone or in combination, special or exceptional circumstances justifying bail. The merit of the appeal was arguable but not strong, and time in custody or subjective hardship, while relevant, were insufficient to meet the threshold.

Court Disposition

Application refused

Orders

  • Application for bail pending appeal is refused.