NSW Caselaw
New South Wales Court of Appeal
CITATION: DPP v Basic [2008] NSWCA 361
HEARING DATE(S): 12 December 2008
JUDGMENT DATE: 12 December 2008
JUDGMENT OF: Tobias JA at 1; James AJA at 30; Price AJA at 31
EX TEMPORE JUDGMENT DATE: 12 December 2008
1. Application for review refused; DECISION: 2. Grant of bail made by Grove J on 27 November 2008 confirmed subject to the conditions which his Honour imposed; 3. Conditions 2, 3 and 9 to be suspended for so long as the respondent is in custody in Victoria.
CATCHWORDS: CRIMINAL LAW – procedure – bail – before trial – respondent's incarceration in NSW – family ties and legal defence based in Victoria – warrant for respondent's arrest issued in Victoria – respondent's appearance at trial in NSW may require application under Prisoners (Interstate Transfer) Act 1982 – whether exceptional circumstances under Bail Act 1978 s 9D
Bail Act 1978 section 9D LEGISLATION CITED: Corrections Act 1986 (Vic) section 77 Prisoners (Interstate Transfer) Act 1982
PARTIES: Director of Public Prosecutions Dennis Basic
FILE NUMBER(S): CA 40428/08
COUNSEL: A: S Higgins R: S Grant
SOLICITORS: A: C Everson R: Dean Cole & Associates, Melbourne
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 17682001/08
LOWER COURT JUDICIAL OFFICER: Grove J
LOWER COURT DATE OF DECISION: 27 November 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40428/08
TOBIAS JA JAMES AJA PRICE AJA
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