Fantakis v Director of Public Prosecutions [2021] NSWCCA 271

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fantakis v Director of Public Prosecutions [2021] NSWCCA 271 Hearing dates: 27 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Before: Beech-Jones CJ at CL at [1] R A Hulme J at [67] Campbell J at [68] Decision: Bail Refused Catchwords: BAIL – application for bail pending appeal – applicant convicted of murder – appeal against conviction pending in Court of Criminal Appeal – necessity to demonstrate "special or exceptional circumstances" – interrelationship between proposed grounds of appeal and delay in hearing appeal as well as length of sentence still to be served – nature of consideration of grounds of appeal in hearing bail application pending appeal against conviction – length of submissions – some grounds reasonably arguable but given length of sentence and period of time until appeal heard special or exceptional circumstances not demonstrated – bail concerns appreciable – bail refused. Legislation Cited: Bail Act 2013 (NSW) Criminal Appeal Act 1912 (NSW) Jury Act 1977 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Supreme Court (Criminal Appeal) Rules 2021 (NSW) Cases Cited: Edwards v The Queen [2021] HCA 28 El Hilli & Melville v R [2015] NSWCCA 146 El Khouli v R [2019] NSWCCA 146 Mahmood v Western Australia (2008) 232 CLR 397; [2008] HCA 1 Obeid v R (No 2) [2016] NSWCCA 321 R v Fantakis [2018] NSWSC 1815 R v Fantakis, Woods and Cheong [2018] NSWSC 749 R v Fantakis; R v Woods [2018] NSWSC 1700 R v Fantakis; R v Woods [2018] NSWSC 1814 R v Murray (1987) 11 NSWLR 12 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 United Mexican States v Cabal (2001) 209 CLR 165; [2001] HCA 60 Category: Principal judgment Parties: Terry Fantakis (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: In person (Applicant) M Millward (Crown)