Carnaby v R [2021] NSWCCA 203

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carnaby v R [2021] NSWCCA 203 Hearing dates: 23 August 2021 Date of orders: 23 August 2021 Decision date: 27 August 2021 Before: Payne JA; Garling J; Wright J Decision: (1) The release application is dismissed. (2) Bail is refused. Catchwords: BAIL – release application – applicant currently serving sentence following conviction for offences – application for release pending determination of appeal against convictions – special and exceptional circumstances test – no special and exceptional circumstances demonstrated – release application dismissed Legislation Cited: Bail Act 2013 (NSW), ss 5, 17, 18, 19, 22, 48, 59, 61 Crimes Act 1900 (NSW), ss 192E, 351A Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 Obeid v R (No 2) [2016] NSWCCA 321 R v Williams [2018] NSWSC 994 Category: Principal judgment Parties: Raymond Carnaby (Applicant) Regina (Respondent) Representation: Counsel: In person (Applicant) CO Gleeson (Respondent)

Solicitors: In person (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2021/134753 Publication restriction: Nil

Judgment 1. THE COURT: On 6 May 2021 the applicant, Raymond Carnaby, filed an application for release on bail pending the determination of his appeal against conviction. The appeal is listed to be heard in this Court on 3 November 2021. 2. The application for release on bail was heard in this Court on 23 August 2021. At the conclusion of the hearing, the Court dismissed the release application and ordered that the applicant be refused bail. Reasons were reserved. These are our reasons for making those orders.