R v Acevedo [2024] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: R v Acevedo [2024] NSWSC 639 Hearing dates: 23 May 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: Bail granted subject to conditions Catchwords: CRIME – bail – release application – grant of bail following conviction but before sentence – whether the applicant "will be sentenced to full-time imprisonment to be served by full time detention" so that s 22B Bail Act 2013 (NSW) applies – where alternative sentence of community corrections order was available – where it could not be said the applicant "will" serve full-time imprisonment by way of full time detention – where the applicant has filed a notice of intention to appeal – where the applicant's grounds of appeal "are at least arguable and enjoy reasonable prospects of success" for the purpose of the release application – not necessary to consider "special or exceptional circumstances" pursuant to s 22B Bail Act 2013 – bail granted Legislation Cited: Bail Act 2013 (NSW), s 17, 22B Crimes Act 1900 (NSW), ss 61M, 66D Crimes (Sentencing Procedure) Act 1999 (NSW), s 8 Cases Cited: Director of Public Prosecutions (DPP) (NSW) v Day [2022] NSWCCA 173 Director of Public Prosecutions (DPP) (NSW) v Van Gestel (2022) 405 ALR 371; [2022] NSWCCA 171; R v Williams [2018] NSWSC 994 Category: Principal judgment Parties: Francisco Javier Acevedo (Applicant) Crown (Respondent) Representation: Counsel: G Scragg (Applicant)