YOUNG v JACKMAN [1993] NSWCA 299

YOUNG v JACKMAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE JA 5 July 1993

[1993] NSWCA 299

Clarke JA The claimant, Gary Mylecharane Young, was convicted by this Court ofcontempt of court in a judgment delivered on 2 June 1993 which ordered he be detained in custody for a period of six months to commence on that date.

He has filed in Court a document entitled "Notice of Appeal", which was, as appears on its face, prepared by him personally whilst in custody.

The Notice of Appeal raises a number of matters which are said to indicate the error in the judgment of 2 June. In addition, there is annexed a petition for a writ of habeas corpus.

The matter was before the Court last Monday when it was adjourned until today to enable the claimant to appear and argue the case and for service to be effected upon the Registrar of the Court of Appeal, which had been the moving party in the original proceedings.

When the matter was called on today Mr Arnold, solicitor, announced his appearance for Mr Young, the claimant, and he informed the Court that his application today was for bail pending the hearing of a leave application to the High Court. He also advised that the application for leave had been filed and that the proceedings were returnable before a justice of the High Court on Wednesday of this week.

While he thought that there may have been some chance that the application for leave would be heard on that date, Mr Kalfos, who has appeared for the Registrar, has informed the Court that the proceedings on Wednesday will, in essence, be an application for bail and that it is unlikely that the leave application will be heard for some months.

Mr Arnold has not filed any evidence in support of his application, but he has urged two grounds upon the Court as reasons why bail should be granted. The first ground is that there is no likelihood that, if he were granted bail, the claimant would fail to appear at later proceedings or for the purpose of being taken back into custody.