Huynh v Director of Public Prosecutions (Cth) [2021] NSWCCA 294

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Huynh v Director of Public Prosecutions (Cth) [2021] NSWCCA 294 Hearing dates: 6 December 2021 Date of orders: 6 December 2021 Decision date: 08 December 2021 Before: Basten JA; Adamson J; Wright J Decision: Application for bail refused. Catchwords: CRIME – bail – appeal bail – Court of Criminal Appeal – jurisdiction – "pending" proceeding – "substantive proceeding" pending – application for extension of time to file notice seeking leave to appeal against sentence – no substantive proceeding until extension granted – no jurisdiction to grant bail CRIME – bail – appeal bail – leave to appeal against sentence – extension of time required – proposed appeal not before court – whether extension should be granted – whether grounds reasonably arguable CRIME – bail – appeal bail – leave to appeal against sentence – "special or exceptional circumstances" – ground must be stronger than merely arguable – ground must support release before likely date of determination of proposed appeal Legislation Cited: Crimes Act 1914 (Cth), s 16E Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 Criminal Appeal Act 1912 (NSW), s 10 Crimes (Sentencing Procedure) Act 1999 (NSW), s 24 Bail Act 2013 (NSW), ss 5, 22, 59, 61, 67 Cases Cited: Almaouie v R [2021] NSWCCA 274 Cranney v The Queen; Huynh v The Queen (2017) 325 FLR 173; [2017] NSWCCA 234 Lehn v R (2016) 93 NSWLR 205; [2016] NSWCCA 255 Mashayekhi v R [2021] NSWCCA 55 Category: Procedural rulings Parties: Huy Bao Van Huynh (Applicant) Director of Public Prosecutions (Cth) (Respondent) Representation: Counsel: Applicant self-represented Mr S Duggan (Respondent)