WR v Director of Public Prosecutions (NSW) [2023] NSWCCA 38

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: WR v Director of Public Prosecutions (NSW) [2023] NSWCCA 38 Hearing dates: 1 March 2023 Date of orders: 7 March 2023 Decision date: 07 March 2023 Before: Beech-Jones CJ at CL at [1]; Davies J at [45]; McNaughton J at [46] Decision: Bail granted on conditions Catchwords: BAIL – appeal against conviction pending – necessity to show "special or exceptional" circumstances – unfitness to stand trial – reasonable prospects of success – likely that bulk of non-parole period will have been served by time appeal is heard – applicant vulnerable – special circumstances established – bail granted Legislation Cited: Bail Act 2013 (NSW) ss 18, 22, 26, 29 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) s 36 Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 El Khouli v R [2019] NSWCCA 146 Fantakis v Director of Public Prosecutions [2021] NSWCCA 271 Obeid v R (No 2) [2016] NSWCCA 321 Petroulias v R [2010] NSWCCA 95 R v RTI (2003) 58 NSWLR 438; [2003] NSWCCA 283 R v Rivkin (2004) 59 NSWLR 284; [2004] NSWCCA 7 R v Presser [1958] VR 45 Category: Principal judgment Parties: WR (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: T A Game SC with D Barrow (Applicant) A Bonnor (Respondent)