Gould v R (Cth) [2021] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gould v R (Cth) [2021] NSWCCA 27 Hearing dates: 26 February 2021 Date of orders: 26 February 2021 Decision date: 05 March 2021 Before: Hoeben CJ at CL; Garling J; Wilson J Decision: Release application dismissed Catchwords: CRIME – appeal against conviction – release application pending determination of appeal Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1914 (Cth) Evidence Act 1995 (NSW) Cases Cited: El Khouli v R [2019] NSWCCA 146 El-Hilli and Melville v R [2015] NSWCCA 146 R v Achurch [2011] NSWCCA 186; (2011) 216 A Crim R 152 R v Williams [2020] NSWCCA 348 Category: Principal judgment Parties: Vanda Gould (Applicant) Regina (Cth) (Crown) Representation: Counsel: H Dhanji SC (Applicant) T Epstein (Cth) (Crown)

Solicitors: Webb Henderson (Applicant) Solicitor for Public Prosecutions (Cth) (Crown) File Number(s): 2021/44399 Publication restriction: Nil

Judgment 1. THE COURT: On 26 November 2019, the applicant was found guilty by a jury of one count of attempting to pervert the course of justice contrary to s 43(1) of the Crimes Act 1914 (Cth). Later, on 17 December 2020 he was sentenced by his Honour Judge Wilson SC in the District Court sitting in Sydney. He has filed an application for leave to appeal against his conviction; the Crown has filed an appeal against the sentence imposed, a term of imprisonment of 3 years and 4 months with a non-parole period ("NPP") of 1 year and 8 months, which commenced on 11 May 2020. The appeals are to be heard jointly before the Court on 7 April 2021. 2. The applicant has also filed a Notice of Intention to File an Application for Leave to Appeal Against Sentence, but has taken that aspect of the matter no further. 3. With his conviction appeal pending, the applicant made a release application to this Court. At the conclusion of the hearing on 26 February 2021 the Court made an order dismissing the application. Our reasons for that order were reserved until today.