KOPUZ v DISTRICT COURT OF NEW SOUTH WALES (NO 2) [1992] NSWCA 125

KOPUZ v DISTRICT COURT OF NEW SOUTH WALES (NO 2) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 14 May 1992, 14 May 1992 [1992] NSWCA 125

CRIMINAL LAW and PROCEDURE — bail — summons to Court of Appeal — challenge to order of District Court judge entered in appeal under Justices Act 1902 to District Court — whether bail may be granted by a single Judge of Appeal — whether granted under Bail Act 198 or pursuant to inherent power of Court of Appeal as incidental to its disposal of a summons for relief prerogative in nature directed to District Court concerning its conviction and sentence of the applicant — held: (By Kirby P, sitting alone): (1) It is unnecessary to determine whether the power to grant bail derives from the Bail Act 198 or from the inherent powers of the Court of Appeal as part of the Supreme Court; (2) Upon either basis the claimant was entitled to bail having established, in the hearing of the summons, a concrete case raising the prospect that he might succeed. Upon that footing he should be granted bail, upon conditions, to abide the outcome of the summons.

BAIL — jurisdiction of Court of Appeal — claim for prerogative relief directed to District Court concerning conviction and sentence in appeal under Justices Act 1902 — whether power to grant bail derives from inherent power or Bail Act — held: Unnecessary to determine — bail granted on conditions.

Bail Act 198 (sic) Justices Act 1902.

KIRBY P (On second application for bail) KIRBY P: Before the Court is an application for bail on behalf of Engin Kopuz. He is the claimant in proceedings which have been heard this day before the Court of Appeal constituted by Priestley and Meagher JJA and myself. The Court has reserved its decision in the summons. By that summons the claimant has sought relief prerogative in nature. The Court's decision will, in due course, be handed down.