DIRECTOR OF PUBLIC PROSECUTIONS (CTH) v Salvatore Peter CASSANITI [2006] NSWCCA 335

New South Wales Court of Criminal Appeal

CITATION: DIRECTOR OF PUBLIC PROSECUTIONS (CTH) v Salvatore Peter CASSANITI [2006] NSWCCA 335

HEARING DATE(S): 18 October 2006

JUDGMENT DATE: 19 October 2006

JUDGMENT OF: Basten JA at 1; Bell J at 1; Johnson J at 1

DECISION: (1) Pursuant to r 3A(2) of the Criminal Appeal Rules, the period during which the notice of intention to appeal filed by the Respondent on 7 November 2005 has effect is extended up to and including 22 September 2006; (2) Pursuant to rule 76, the Court directs that such of the documents as should have accompanied the notice of appeal, but which have been filed subsequently, be accepted as properly filed on the date or dates on which they were filed; (3) The Court being satisfied that it has no jurisdiction to conduct a review of the bail determination made by Hidden J on 22 September 2006, refers the review of that decision to Basten JA, to conduct the review under s 45 of the Bail Act, as a judge of the Supreme Court sitting in the Common Law Division.

CATCHWORDS: CRIMINAL APPEAL – BAIL – Power of Court of Criminal Appeal to review decision of single judge – power to grant bail where no valid notice of appeal – referral of review to a judge of the Supreme Court

Bail Act 1978 (NSW), ss 4, 27, 28, 29, 30, 30AA, 45, 46, 47, 48 Bail Regulation 1999 (NSW), cl 22(1)(b) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), ss 3, 6, 10, 22, 29 Criminal Appeal Rules, rules 3A(1), 3B(1), 23C, 23D, 76 Crimes Act 1914 (Cth), s 29D Judiciary Act 1903 (Cth), s 68

Commonwealth DPP v Germakian [2006] NSWCA 275 CASES CITED: Regina v Antoun [2005] NSWCCA 270 R v Burns (1920) 20 SR (NSW) 351 Regina v Potier [2005] NSWCCA 256