Slusarek v Director of Public Prosecutions [2022] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Slusarek v Director of Public Prosecutions [2022] NSWCCA 194 Hearing dates: 22 August 2022 Date of orders: 22 August 2022 Decision date: 22 August 2022 Before: Beech-Jones CJ at CL at [1] Price J at [25] Garling J at [2] Decision: Release application dated 27 June 2022 and filed by the applicant on 5 July 2022 be dismissed for want of jurisdiction. Catchwords: CRIME — Bail — Appeal bail — Jurisdiction of the appeal court — Applications filed out of time — No substantive proceedings on foot in the appeal court — No jurisdiction to hear and determine release application Legislation Cited: Bail Act 2013 ss 22, 48, 59, 61 Crimes Act 1900 ss 61M(2), 66A(1), 66B Cases Cited: Dedeoglu v R [2022] NSWCCA 74 Mashayekhi v R [2021] NSWCCA 55 Widdowson v R [2020] NSWCCA 213 Texts Cited: Not applicable Category: Principal judgment Parties: Dean Andrew Slusarek (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Self-Represented (Applicant) E Wilkins (Respondent)

Solicitors: Office of the Director of Public Prosecutions (Respondent) File Number(s): 2022/195764 Publication restriction: Not applicable

ex tempore Judgment 1. BEECH-JONES CJ at CL: I invite Justice Garling to give the first judgment. 2. GARLING J: Mr Slusarek was arrested and taken into custody with respect to a series of sexual offences on 14 January 2018. He has remained in custody ever since.