Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102 Hearing dates: 19 May 2020 Date of orders: 09 June 2020 Decision date: 09 June 2020 Before: Harrison J at [1] R A Hulme J at [1] Wright J at [1] Decision: Application for bail granted subject to conditions Catchwords: CRIME – bail – release application – pending conviction and sentence appeal – whether prospects of succeeding on appeals – where guilty plea entered after empanelment of jury – where no reasonable prospects of success on conviction appeal – where reasonable prospects of success on sentence appeal – where difficulty of preparing appeal in custody not special or exceptional circumstances – where conditional bail granted Legislation Cited: Bail Act 2013 (NSW), ss 17(2), 22, 61 Criminal Procedure Act 1986 (NSW), s 157 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 El-Hilli and Melville v R [2015] NSWCCA 146 El Khouli v R [2019] NSWCCA 146 Hunter Quarries Pty Ltd v Morrison (2017) 96 NSWLR 658; [2017] NSWCCA 326 Rae v R [2019] NSWCCA 284 R v Hura [2001] NSWCCA 61; 121 A Crim R 472 Category: Principal judgment Parties: Ali Samandi (Applicant) Crown (Respondent) Representation: Counsel: D Patch (Respondent)

Solicitors: Office of the Director of Public Prosecutions (Respondent) File Number(s): 2020/98822 Publication restriction: Nil