Director of Public Prosecutions (NSW) v Louizos [2008] NSWCA 271

New South Wales Court of Appeal

CITATION: Director of Public Prosecutions (NSW) v Louizos [2008] NSWCA 271

HEARING DATE(S): 23 October 2008

JUDGMENT DATE: 23 October 2008

JUDGMENT OF: McClellan CJ at CL at 1; Grove J at 25; Simpson J at 26

DECISION: 1. Application granted. 2. Respondent's bail revoked.

CATCHWORDS: CRIMINAL LAW - jurisdiction, practice and procedure - bail - review of decision granting bail pending appeal - whether exceptional circumstances exist - Bail Act 1978, s 30AA

LEGISLATION CITED: Bail Act 1978 Criminal Appeal Act 1912

Chamberlain v The Queen [1993] HCA 13; (1983) 153 CLR 514 Director of Public Prosecutions v Louizos, [2008] NSWCA 220 CASES CITED: Marotta v R [1999] HCA 4; (1999) 73 ALJR 265 R v Budiman (1997) 97 A Crim R 548 R v MFA [2002] NSWCCA 49

PARTIES: Director of Public Prosecutions (NSW) (Appellant) Freda Louizos (Respondent)

FILE NUMBER(S): CA 2008/40347

COUNSEL: L Wells (Crown/appellant) J Doris (Respondent)

SOLICITORS: Director of Public Prosecutions Hardinlaw (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/31/1000

LOWER COURT JUDICIAL OFFICER: Woods DCJ

LOWER COURT DATE OF DECISION: 3 October 2008

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2008/40347

McCLELLAN CJ at CL GROVE J SIMPSON J

THURSDAY 23 OCTOBER 2008 DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v Freda LOUIZOS Judgment 1 McCLELLAN CJ at CL: This is an application by the Director of Public Prosecutions pursuant to s 48 of the Bail Act 1978, to review the decision of Woods DCJ on 3 October 2008 granting the respondent, Freda Louizos bail following her conviction and sentence for soliciting Chad Williams to murder her former husband Barrie Leslie Bruce. The respondent was originally arrested and charged with the offence on 4 October 2006. 2 The respondent was discharged following a committal hearing but stood trial in the District Court following the filing of an ex officio indictment. She was granted bail before and during the trial. 3 The jury returned a guilty verdict on 25 August 2008. On that day the respondent was granted bail. The Crown sought a review of that decision which was heard by this Court on 9 September 2008 when the application was refused. One of the significant considerations for the Court of Appeal on that occasion was that the respondent was due for sentence on 25 September 2008. The trial judge passed sentence on that day imposing a term of ten years imprisonment with a non-parole period of six years. 4 On 3 October 2008 his Honour granted the respondent bail. It is that decision which is the subject of the application for review before this Court. 5 Both the respondent and the Crown have filed appeals in the Court of Criminal Appeal. The respondent raises two grounds being: