Seong Won Lee and Do Young Lee v Regina [2012] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: Seong Won Lee and Do Young Lee v Regina [2012] NSWSC 1168 Hearing dates: 19 September 2012 Decision date: 28 September 2012 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Applications for bail dismissed Catchwords: BAIL - Application for bail pursuant to Bail Act 1978 - special or exceptional circumstances under s 30AA of the Bail Act - principles in respect of post-conviction bail applications - delay arising in the course of a part-heard appeal in which grounds of appeal raise miscarriage of justice - Crown concession as to special or exceptional circumstances - Court to be satisfied that relevant factors taken either individually or in combination exist and support concession made by Crown as to the existence of circumstances under s 30AA of the Bail Act and as to the existence in fact of such circumstances - caution to be exercised in determining whether to stay an order of imprisonment and to grant bail - need to consider both position of applicant to bail and position of the Crown - issues concerning interference with the due administration of criminal justice to be considered in determining what constitutes special or exceptional circumstances - such circumstances not established in the subject applications. Legislation Cited: Bail Act 1978 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Evidence Act 1995 New South Wales Crime Commission Act 1985 Cases Cited: Arun Vinayagamoorthy v Commonwealth Director of Public Prosecutions (2007) VCS 265 Chamberlain v The Queen (No 1) [1983] HCA 13; 153 CLR 514 Director of Public Prosecutions v Louizos [2008] NSWCA 271 Director of Public Prosecutions v SKA [2009] NSWCA 51 Director of Public Prosecutions (Cth) v Cassaniti [2006] NSWSC 1103 Marotta v The Queen [1999] HCA 4; (1999) 73 ALJR 265 R v CB; MP r R [2011] NSWCCA 264 R v Giordano (1982) 31 SASR 241 Regina v MFA [2002] NSWCCA 49 R v Smith (Court of Criminal Appeal, unreported , 18 May 1993) R v Velevski [2000] NSWCCA 445 R v Wilson (1994) 34 NSWLR 1 Tieleman v R [2004] WASCA 285; (2004) 149 A Crim R 303 United Mexican States v Cabal [2001] HCA 60; (2001) 209 CLR 165 Category: Interlocutory applications Parties: Seong Won Lee (Applicant 1) Do Young Lee (Applicant 2) Regina (Respondent) Representation: Counsel: Mr P Hamill SC with Mr S Pararajashingham of counsel (Applicant 1 Seong Won Lee) Mr M Thangaraj SC (Applicant 2) Ms N Adams (Crown Advocate) Solicitors: Nyman Gibson Stewart (Applicants 1 & 2) Solicitor for Public Prosecutions (Regina) File Number(s): 2009/276079 (R v Seong Won Lee) 2009/208798 (R v Do Young Lee)