NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v JC [2023] NSWSC 111 Hearing dates: 14 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Common Law - Criminal Before: Cavanagh J Decision: Bail granted with conditions imposed. Catchwords: CRIME — Bail — Release application – where appeal pending in the Court of Criminal Appeal – "special or exceptional circumstances" – matters to be taken into account – fresh evidence – whether appeal is reasonably arguable Legislation Cited: Bail Act 2013 (NSW), ss 16A, 18, 22 Crimes Act 1900 (NSW), ss 61N, 61O, 91H Criminal Procedure Act 1986 (NSW), s 133 Evidence Act 1995 (NSW), ss 128, 165 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 Liberato v The Queen (1985) 159 CLR 507 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v George Patrick O'Neill, Court of Criminal Appeal (NSW), Mathews J, 13 May 1992, unrep R v Murray (1987) 11 NSWLR 12 R v Rodriguez [2020] NSWSC 1660 Texts Cited: None Category: Principal judgment Parties: JC (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: G Lewer with C Akthar (Applicant) A Robertson (Respondent)
Solicitors: T Regan, Criminal Defence Lawyers Australia (Applicant) NSW Office of the Director of Public Prosecutions (Respondent) File Number(s): 2023/00019514 Publication restriction: None
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