Director of Public Prosecutions (NSW) v Campbell [2015] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Campbell [2015] NSWCCA 173 Hearing dates: 29 June 2015 Decision date: 29 June 2015 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Campbell J at [27] Decision: Bail refused Catchwords: BAIL – detention application – show cause offence – where respondent committed present offences whilst on parole – respondent accepted into residential rehabilitation program – respondent has appalling criminal record and history of poor compliance with bail and parole – failure to establish why detention not justified – application granted – bail refused Legislation Cited: Bail Act 2013 (NSW) ss 16A, 16B, 32(1), 50, 67(1)(e) Crimes Act 1900 (NSW) 22 59, 97, 112. 154A Crimes (Sentencing Procedure) Act 1999 (NSW) s 11 Cases Cited: R v Kugor [2015] NSWCCA 14 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Applicant) Kenneth James Campbell (Respondent) Representation: Counsel: Ms M Cinque (Applicant) Mr E Ozen (Respondent) Solicitors: Solicitor for Public Prosecutions Aboriginal Legal Service File Number(s): 2015/184979

Judgment 1. HOEBEN CJ at CL: I agree with R A Hulme J. 2. R A HULME J: The Crown has made a detention application pursuant to s 50 of the Bail Act 2013 (NSW) in respect of Kenneth James Campbell ("the respondent"). 3. The respondent was arrested on 24 January 2015 and charged with a number of serious offences. He remained in custody having been refused bail. In the Batemans Bay Local Court on 27 April 2015 he entered pleas of guilty whereupon he was committed for sentence to the District Court at Bega on 10 August 2015. 4. Conditional bail was granted by Garling J in the Bails List of the Common Law Division of the Supreme Court on 22 June 2015. This is not a review of his Honour's decision; it is a de novo (or fresh) consideration of the question of bail: s 67 (1)(e) of the Bail Act; see also R v Kugor [2015] NSWCCA 14 at [4] (Hoeben CJ at CL).