Godla v Director of Public Prosecutions [2024] NSWCCA 221

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Godla v Director of Public Prosecutions [2024] NSWCCA 221 Hearing dates: 27 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Before: Hamill J N Adams J Sweeney J Decision: (1) Bail is varied to delete the reporting condition imposed by the Local Court on 14 October 2024. (2) The application for variation of bail is otherwise dismissed. (3) Direct the Registrar of this Court to notify the Officer in Charge of police at Parramatta, and the Registrar of the Parramatta Local Court that the reporting condition has been deleted. (4) Confirm that Mr Godla is required to appear at the Downing Centre Local Court on 29 November 2024 and the Parramatta Local Court on 9 December 2024, and on such dates and places thereafter as required. Catchwords: BAIL – application to vary conditions of bail granted by Court of Criminal Appeal – self-represented litigant – application to dispense with bail – submissions inviting the court to review the applicant's original conviction – court lacking in jurisdiction – applicantion to bring to an end all extant prosecutions for breaches of child protection register – court lacking such broad reaching power – application to dispense with bail rejected BAIL – where Court of Criminal Appeal granted bail on conditions – where Local Court judge added a condition later that the applicant report to police each week – condition added days after this court settled on conditions – no explanation for Local Court's decision to impose more onerous condition – statutory requirements as to conditions – necessary and appropriate – proportionate to circumstances of offence – reporting condition deleted Legislation Cited: Bail Act 2013 (NSW), ss 10, 20A, 49, 73, 74 Child Protection (Offenders Registration) Act 2000 (NSW) Criminal Appeal Act 1912 (NSW), ss 5, 6 Criminal Code Act 1995 (Cth), s 271A.1 Category: Principal judgment Parties: Dheeraj Godla (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: S Traynor (Respondent)