Mehajer v Director of Public Prosecutions [2024] NSWCCA 172

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mehajer v Director of Public Prosecutions [2024] NSWCCA 172 Hearing dates: 28 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Before: Fagan J; N Adams J; Faulkner J Decision: Application for Bail Refused Catchwords: CRIME – Bail – Appeal bail – applicant required to establish that special or exceptional circumstances exist – where applicant to be sentenced for unrelated convictions shortly after bail hearing – where it is likely that further custodial sentence will be imposed on applicant – where applicant has not proved that proposed appeals are most likely to succeed – application refused Legislation Cited: Bail Act 2013 (NSW) ss 22, 67(1)(e) Criminal Appeal Act 1912 (NSW) ss 5F(3), 10(2)(b) Supreme Court (Criminal Appeal) Rules 2021 r 3.1(3) Cases Cited: Dietrich v R (1992) 177 CLR 292 El-Hilli and Melville v R [2015] NSWCCA 146 HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141 Lelikan v Director of Public Prosecutions (Cth) [2016] NSWSC 1467 Mehajer v R [2023] NSWCCA 101 Obeid v R (No.2) [2016] NSWCCA 321 R v Cranston [2020] NSWSC 469 R v Khayat (No 11) [2019] NSWSC 1320 Robinson v R (1991) 65 ALJR 519 Samandi v DPP [2020] NSWCCA 102 Category: Principal judgment Parties: Salim Mehajer (Applicant) (self-represented) Rex (Respondent) Representation: Counsel: P Hogan (Respondent)