NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: D108 v R [2023] NSWCCA 28 Hearing dates: 20 February 2023 Date of orders: 20 February 2023 Decision date: 20 February 2023 Before: Beech-Jones CJ at CL at [1] and [37] Price J at [35] Wilson J at [36] Decision: Application for bail refused Catchwords: CRIMINAL LAW – bail pending appeal to District Court – custodial sentence for misleading Crime Commission – show cause offences – appeal fixed for hearing just before expiry of non-parole period – cause shown – unacceptable risk – strong evidence of association with organised crime – unacceptable risk of committing a serious offence – bail refused Legislation Cited: Bail Act 2013 (NSW) Crime Commission Act 2012 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Director of Public Prosecutions (NSW) v Mawad [2015] NSWCCA 227 Category: Principal judgment Parties: D108 (Applicant) Rex (Respondent) Representation: Counsel: Mr G James KC (Applicant) Mr D Scully (Respondent)
Solicitors: One Group Legal (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2019/305307 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Date of Decision: 25 October 2022 Before: R A Hulme AJ File Number(s): 2022/276555
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