Rogers v Director of Public Prosecutions (NSW) [2021] NSWCCA 153

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rogers v Director of Public Prosecutions (NSW) [2021] NSWCCA 153 Hearing dates: 2 July 2021 Date of orders: 2 July 2021 Decision date: 09 July 2021 Before: Bell P at [1]; Gleeson JA at [2]; Button J at [3] Decision: Bail refused for want of jurisdiction Catchwords: CRIME — appeal bail — application for bail pending purported appeal against sentence imposed many years previously — no extension of time for leave to appeal sought or granted — whether Court has jurisdiction to grant bail — whether Court should grant extension to permit application to be entertained —whether special or exceptional circumstances established in any event — whether unacceptable risk of commission of serious offence in any event Legislation Cited: Bail Act 2013 (NSW) ss 19, 22, 59, 61 Cases Cited: Mashayekhi v R [2021] NSWCCA 55 Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238 Widdowson v R [2020] NSWCCA 213 Category: Principal judgment Parties: Grahame Andrew Rogers (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel:

B Hatfield (Respondent)

Solicitors:

Director of Public Prosecutions (NSW) File Number(s): 2021/116644

Judgment 1. BELL P: As Button J has explained, the Applicant's application for bail was dismissed on 2 July 2021. The Court indicated on that occasion that reasons for its decision would be published in due course. I have had the benefit of reading the judgment of Button J. It captures and reflects extremely well the reasons why I joined in the decision of the Court to refuse the bail application. 2. GLEESON JA: My reasons for joining in the order of the Court on 2 July 2021 accord with those of Button J. 3. BUTTON J: