Director of Public Prosecutions (NSW) v Day [2022] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Day [2022] NSWCCA 173 Hearing dates: 1, 5 August 2022 Date of orders: 5 August 2022 Decision date: 15 August 2022 Before: Gleeson JA; Wright J; Cavanagh J Decision: The detention application is dismissed. Catchwords: CRIME – bail – detention application – application following conviction and before sentencing – s 22B Bail Act 2013 – whether conditions limiting Court's power to make bail decision met – whether convicted person will be sentenced to full-time imprisonment – where condition involves state of satisfaction as opposed to a fact – where deference given to view of trial judge as to likely disposition of sentence Legislation Cited: Bail Act 2013 (NSW), ss 4, 17, 18, 22B, 32, 50, 67(1)(e), 75 Crimes Act 1900 (NSW), s 157 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 7, 67 Criminal Appeal Act 1912 (NSW) Cases Cited: Commonwealth Director of Public Prosecutions v Saadieh [2021] NSWCCA 232 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 Director of Public Prosecutions (NSW) v GX [2019] NSWCCA 84 Director of Public Prosecutions (NSW) v Day [2022] NSWSC 938 Director of Public Prosecutions (NSW) v van Gestal [2022] NSWCCA 171 Karim v The Queen (2013) 83 NSWLR 268; [2013] NSWCCA 23 Levy v State of Victoria (1997) 189 CLR 579; [1997] HCA 31 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Applicant) Titus Emanuel Day (Respondent) Representation: Counsel: G Newton / R Kotsis (Applicant) D Toomey SC / T Jones (Respondent) D Kell SC / J Caldwell (Amicus curiae)