Fesus v R [2013] NSWCCA 331

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fesus v R [2013] NSWCCA 331 Hearing dates: 10 December 2013 Decision date: 20 December 2013 Before: Ward JA at [1] Harrison J at [1] Bellew J at [1] Decision: 1. The application for review of the bail determination of R A Hulme J is dismissed. 2. Until further order of the Court, there is to be no publication of this judgment, other than to: (a) the applicant; (b) the applicant's solicitor and any counsel retained to advise or appear for the applicant; (c) the Crown Prosecutor; (d) the Crown Prosecutor's instructing solicitor. Catchwords: CRIMINAL LAW - Bail - Where applicant charged with murder and refused bail - Where application made for review of bail determination - Whether exceptional circumstances justified grant of bail - Where Crown relied upon circumstantial case along with confessions made by applicant to an undercover operative - Where Crown case not properly described as weak - Exceptional circumstances not made out Legislation Cited: Bail Act 1978 (NSW) Court Suppression and Non-publication Orders Act 2010 NSW Criminal Procedure Act 1986 Cases Cited: R v Brown [2013] NSWCCA 178 Category: Principal judgment Parties: Steven Fesus - Applicant Regina - Respondent Representation: Counsel: D Miralis (solicitor) - Applicant S Dowling SC - Respondent A Bhalla - Commissioner of Police Solicitors: Nyman Gibson Stewart - Applicant Director of Public Prosecutions - Respondent Crown Solicitor for NSW - Commissioner of Police File Number(s): 2013 / 207336002 Publication restriction: See paragraphs [3] and [4]. Decision under appeal Date of Decision: 2013-10-04 00:00:00 Before: R A Hulme J