Singh v R [2022] NSWCCA 86

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v R [2022] NSWCCA 86 Hearing dates: 30 March 2022 Date of orders: 30 March 2022 Decision date: 30 March 2022 Before: Macfarlan JA at [1] Bellew J at [3] Wright J at [8] Decision: (1) The grant of conditional bail by Garling J on 2 December 2021 is revoked. (2) A warrant is to be issued pursuant to s 39 of the Bail Act 2013 (NSW) remanding the respondent to a Correctional Centre under the control of Corrective Services NSW. Catchwords: BAIL – Where respondent was convicted in the Local Court and sentenced to a term of full time imprisonment – Where an appeal to the District Court was dismissed – Where the respondent then commenced proceedings seeking judicial review of the decision of the District Court – Where the respondent was granted conditional bail – Where respondent's visa had been cancelled resulting in his being taken into the custody of the Australian Border Force on his release – Agreed between the parties that there had been a relevant change in circumstances which had a material and potentially adverse effect on the applicant's prospects of success in the judicial review proceedings – Where Crown made an application for the respondent's detention – Agreed between the parties that the application should succeed and that the respondent should be returned to the custody of Corrective Services NSW – Orders made – No point of principle Legislation Cited: Bail Act 2013 (NSW) Cases Cited: Stanley v Director of Public Prosecutions [2021] NSWCCA 337 Category: Principal judgment Parties: Vikramjit Singh – Applicant Regina – Respondent Representation: Counsel: J Michie – Applicant G Newtown – Respondent