Grant v R [2024] NSWCCA 30

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grant v R [2024] NSWCCA 30 Hearing dates: 1 March 2024 Date of orders: 1 March 2024 Decision date: 15 March 2024 Before: Stern JA, Davies & Campbell JJ at [1] Decision: (1) Leave is granted to file the notice of appeal after the expiry of the filing period. (2) The Court directs that there be a hearing before the Registrar after 11 March 2024. (3) Grant leave for the bail application dated 28 February 2024 to be renewed on today's date, filed in court and be returnable instanter. (4) Conditional bail granted on the following conditions: 1. The applicant is to be of good behaviour; and 2. The applicant is to appear in court when required to do so. Catchwords: CRIME – appeals – extension of time – where applicant pleaded guilty to maintaining an unlawful sexual relationship with a child – female teacher sexually abused one of her students between 1977 and 1979 – where underlying offences were contrary to s 81 of the Crimes Act 1900 (NSW) (since repealed) – where Court recently held in Lam v R [2024] NSWCCA 6 that s 81 was incapable of being committed by a female – applicant now seeks leave to appeal against conviction – where no application made to withdraw plea – extension of time granted CRIME – bail – bail pending appeal – whether pending proceedings – whether bail should be granted – necessity to demonstrate "special or exceptional circumstances" – where Crown accepts applicant more likely than not to succeed on appeal – where no bail concerns – conditional bail granted Legislation Cited: Bail Act 2013 (NSW) ss 22, 59, 61 Crimes Act 1900 (NSW) s 66EA, ss 79-81 (now repealed) Cases Cited: Garcia-Godos v R; MH v R [2023] NSWCCA 145 Lam v R [2024] NSWCCA 6 Meissner v The Queen (1995) 184 CLR 132 Obeid v R (No 2) [2016] NSWCCA 321 R v Smith [2023] NSWSC 36 White v R [2022] NSWCCA 241 Texts Cited: Nil Category: Principal judgment Parties: Gaye Grant (Applicant) The King (Respondent) Representation: Counsel: S Boland (Applicant) G Newton SC (Respondent)