DC v Director of Public Prosecutions (NSW) [2024] NSWCCA 235

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: DC v Director of Public Prosecutions (NSW) [2024] NSWCCA 235 Hearing dates: 6 December 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Before: Basten AJA at [1]; Dhanji J at [2]; Sweeney J at [27]. Decision: Applicant's application for release on bail is refused. Catchwords: CRIME – bail – bail pending conviction appeal – unrepresented applicant – where Court heard full argument on application for leave to appeal prior to application for bail – not a course routinely taken – whether the applicant has established special or exceptional circumstances – length of sentence – prospects of success on appeal – personal circumstances – health concerns – particular concerns with respect to the applicant's children and grandchild – personal circumstances weighed against all matters – application refused Legislation Cited: Bail Act 2013 (NSW), ss 16A, 22, 49, 61 Cases Cited: El Khouli v R [2019] NSWCCA 146 Fantakis v Director of Public Prosecutions [2021] NSWCCA 271 HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141 Category: Principal judgment Parties: DC (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: S Lind (Respondent)

Solicitors: Self-represented (Applicant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2024/00291422; 2021/00153768 Publication restriction: Applicant's name has been anonymised pursuant to s 15A(1)(c) and s 15A(5) of the Children (Criminal Proceedings) Act 1987 (NSW)