Widdowson v R [2020] NSWCCA 213

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Widdowson v R [2020] NSWCCA 213 Hearing dates: 24 July 2020 Date of orders: 24 July 2020 Decision date: 24 July 2020 Before: Johnson J at [1], [28] and [34]; Wilson J at [2]; Wright J at [33]. Decision: Application for release to bail struck out for want of jurisdiction Catchwords: CRIMINAL LAW – bail – release application – applicant convicted at trial and sentenced – application for leave to appeal against conviction filed out of time – no application made for extension of time – question of jurisdiction in circumstances where no application for leave to appeal pending before the Court – whether the applicant could meet test posed by s 22 of the Bail Act if there was jurisdiction to hear application – whether special or exceptional circumstances – no circumstances of that nature identified Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules Criminal Code (Cth) Cases Cited: Karout v Director of Public Prosecutions [2020] NSWCCA 15 Category: Principal judgment Parties: Nicholas Widdowson (Applicant) Regina (Crown) Representation: Counsel: M Millward (Crown)

Solicitors: Applicant (self-represented) Solicitor for Public Prosecutions (Crown) File Number(s): 2020/00185815 Publication restriction: Section 578A of the Crimes Act 1900 (NSW) prohibits the publication of any material that might identify the complainant. Ex A may not be disclosed or published Decision under appeal Court or tribunal: Wagga Wagga District Court (trial) Sydney District Court (sentence) Jurisdiction: Criminal Date of Decision: 9-18 July 2018 (trial) 24 October 2018 (sentence) Before: Norrish QC DCJ File Number(s): 2016/00299572