Obeid (Moses) v Director of Public Prosecutions [2022] NSWCCA 270

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Obeid (Moses) v Director of Public Prosecutions [2022] NSWCCA 270 Hearing dates: 29 November 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Before: Basten AJA; Garling J; R A Hulme AJ Decision: Refuse the application for release on bail pending the hearing of the appeal against conviction Catchwords: BAIL – release application – application for leave to appeal from conviction pending – special or exceptional circumstances test – strength of grounds of appeal – proportion of non-parole period likely to be served before appeal determined Legislation Cited: Bail Act 2013 (NSW), ss 22, 62, 74 Criminal Procedure Act 1986 (NSW), s 133 Cases Cited: Ex parte Maher [1986] 1 Qd R 303 Obeid v R (No 2) [2016] NSWCCA 321 R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 17) [2021] NSWSC 858 United Mexican States v Cabal (2001) 209 CLR 165; [2001] HCA 60 Category: Procedural rulings Parties: Moses Edward Obeid (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: M Kalyk (Applicant) E Nicholson (Respondent)

Solicitors: Murphy's Lawyers (Applicant) C Hyland, Solicitor for Public Prosecutions (NSW) File Number(s): 2022/00305261001 Publication restriction: N/A

JUDGMENT 1. THE COURT: On 19 July 2021, the applicant, Moses Obeid, was found guilty of the offence of conspiring to commit wilful misconduct in public office. His co-offenders were his father, Edward Obeid, and the then Minister for Mineral Resources, Ian Macdonald. On 21 October 2021, the applicant was sentenced to imprisonment for a term of 5 years with a non-parole period of 3 years. He will be eligible for release to parole on 20 October 2024. 2. Although the applicant gave notice of intention to appeal his conviction at the time of his sentence, a notice of appeal was not filed until 7 April 2022. The three appeals filed by the conspirators have been listed for hearing in April 2023.