R v Peter PETROVSKI [2008] NSWDC 110

Reported Decision : 7 DCLR (NSW) 140

New South Wales District Court

CITATION: R v Peter PETROVSKI [2008] NSWDC 110

HEARING DATE(S): 22 May 2008

JUDGMENT DATE: 22 May 2008

EX TEMPORE JUDGMENT DATE : 22 May 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Bail Granted

CATCHWORDS: Criminal Law - Judgment - Application for Bail - Bail Amendment Bill

LEGISLATION CITED: Bail Act, 1978

CASES CITED: R v Kissner Unreported NSWSC Hunt CJ 17/1/1992 R v Turkmani & R v Kaddour [2000] NSWSC 491

PARTIES: The Crown Peter Petrovski

FILE NUMBER(S): DC 08/12/0643

COUNSEL: G. Heathcote - Applicant

SOLICITORS: NSW DPP Ajaka Gestakovski Lawyers

JUDGMENT

1 HIS HONOUR: I have before me an application for bail by Peter Petrovski. Mr Petrovski was sentenced by a Magistrate to a period of imprisonment for an offence of mid range PCA, his reading being 0.145. He received a fixed term of imprisonment of six months. The Magistrate refused him bail pending an appeal to this Court. He now applies for Bail in this Court.

2 Before dealing with the merits of the application, it is appropriate to turn to s 22A of the Bail Act. The Crown's position is that s 22A(1) applies in the present circumstances. Mr Petrovski was legally represented when he applied for bail in the Local Court, so the Crown says that I should only entertain the application for bail brought today if I am satisfied that new facts or circumstances have arisen.

3 Mr Heathcote (who appears for Mr Petrovski) submits s 22A does not apply to bail applications being made in a different jurisdiction to that where the application was originally made.