Director of Public Prosecutions (NSW) v AP [2022] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v AP [2022] NSWSC 928 Hearing dates: 08 July 2022; 11 July 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Common Law Before: Bellew J Decision: (1) The Crown detention application is granted. (2) The respondent's bail is revoked. (3) The respondent is to be taken into custody forthwith. Catchwords: CRIMINAL LAW – Bail – Where respondent was convicted by a jury of sexual offending – Where two previous applications for detention were dismissed by the sentencing judge – Where an amendment to the Bail Act 2013 (NSW) was then introduced governing the release of offenders between conviction and sentence – Where the Director of Public Prosecutions made application for the respondent's detention – Whether the amendment applied to the Director's application – Whether special or exceptional circumstances were made out – Whether the Court should exercise its discretion to dismiss the application on the basis that it was frivolous and/or vexatious – Detention application granted STATUTORY INTERPRETATION – Whether an amendment to the Bail Act 2013 (NSW) contravened the provisions of the Interpretation Act 1987 (NSW) WORDS AND PHRASES – "special" – "exceptional" – ""frivolous" – "vexatious" Legislation Cited: Bail Act 2013 (NSW) Bail Amendment Act 2022 (NSW) Crimes Act 1900 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Day [2022] NSWSC 938 Director of Public Prosecutions (NSW) v Duncan [2022] NSWSC 927 Texts Cited: Macquarie Dictionary 2022 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) – Applicant AP – Respondent Representation: Counsel: M Paish – Crown S Lawrence – Respondent