NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: IONGI v R [2022] NSWCCA 42 Hearing dates: 14 February 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Before: Macfarlan JA at [1] Bellew J at [2] Dhanji J at [3] Decision: Application dismissed for want of jurisdiction. Catchwords: BAIL – release application – bail refused in Local and Supreme Court for original charges – bail refused in Local Court for new charges – whether this Court has jurisdiction to hear release application with respect to new charges – construction of Bail Act 2013 – bail and bail decisions are specific to offences – no bail decision has been made by the Supreme Court – no jurisdiction to hear application – no view expressed as to merits Legislation Cited: Bail Act 2013 (NSW) Criminal Code (Cth) Cases Cited: Director of Public Prosecutions (Cth) v Saadieh [2021] NSWCCA 232 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 Mashayekhi v R [2021] NSWCCA 55 Noufl v Director of Public Prosecutions (NSW) (2018) 274 A Crim R 519; [2018] NSWSC 1238 Rogers v Director of Public Prosecutions (NSW) [2021] NSWCCA 153 Category: Principal judgment Parties: Otenili Iongi (Applicant) Director of Public Prosecutions (Cth) (Respondent) Representation: Counsel: M Tedeschi AM QC with D Bhutani (Applicant) D Jordan with N Evans (Respondent)
Solicitors: Miers Legal (Applicant) Director of Public Prosecutions (Cth) (Respondent) File Number(s): 2022/0013694 Publication restriction: Nil
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