Vu v New South Wales Police Service [2007] FCA 1192

FEDERAL COURT OF AUSTRALIA

Vu v New South Wales Police Service [2007] FCA 1192

APPEAL – Bail – pending appeal from court of summary jurisdiction – where appellant has been sentenced to imprisonment for offences under the Copyright Act 1968 (Cth) – whether the Court has jurisdiction to stay or suspend the operation of the sentence pending the hearing of an appeal against the sentence Federal Court of Australia Act 1976 (Cth) ss 25(5), 29(1)(b), 29A Federal Court Rules 1979 (Cth) O 52 r 35(3)

VAN HANH VU v NEW SOUTH WALES POLICE SERVICE NSD 1510 OF 2007

RARES J

3 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1510 OF 2007

ON APPEAL FROM THE LOCAL COURT OF NEW SOUTH WALES BETWEEN: VAN HANH VU

Appellant

AND: NEW SOUTH WALES POLICE SERVICE

Respondent

JUDGE: RARES J DATE OF ORDER: 3 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT:

1. Notes the undertaking of the appellant given personally and by his solicitor to the Court that the appellant will treat and answer his bail undertaking given on 20 June 2007 to appear at the District Court of New South Wales on 3 August 2007 as if it referred to the Federal Court of Australia in lieu of the District Court of New South Wales until further order. 2. Upon the undertaking noted in par 1 being given to the Court, grants the appellant bail to appear before the Court on 9 August 2007 and stays up to and including 9 August 2007, the sentence of the Local Court of New South Wales imposed on the appellant on 20 June 2007, the subject of his appeal to the Court. 3. Adjourns the appellant's application for bail to 9.30 am on 9 August 2007 before Rares J. 4. Orders the appellant to serve on the respondent on or before 5 pm on 6 August 2007: (a) a copy of these orders; (b) an affidavit by himself or his solicitor setting out a copy of each charge against him and each document recording his conviction in respect of the appeal together with any reasons for judgment which are available for the imposition of the sentence, and to file such affidavit. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.