R v Glenn (a pseudonym) [2015] NSWSC 1888

Supreme Court New South Wales

Medium Neutral Citation: R v Glenn (a pseudonym) [2015] NSWSC 1888 Hearing dates: 7 December 2015 Decision date: 07 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: The applicant is required to show cause pursuant to s 16A of the Bail Act 2013 (NSW) since he has previously been convicted of a serious personal violence offence within s 16B. Catchwords: CRIMINAL LAW – bail – whether applicant for bail required to show cause under Bail Act 2013 (NSW) – definition of "serious personal violence offence" – whether conviction for an offence which is no longer in the same terms and has been renumbered attracts the show cause requirement

CRIMINAL LAW – offence of kidnapping – nature and effect of changes in 2001 – whether s 90A, 85A and 86 amount to the same offence for the purposes of the definition of "serious personal violence offence"

STATUTORY INTERPRETATION – effect of Interpretation Act 1987 (NSW) – ambulatory nature of provisions – relevance of legislative purpose – use of present tense to be examined in context – effect on definition of repeal and remaking of offence – whether contrary intention established to displace effect of ss 5 and 68 of Interpretation Act Legislation Cited: Bail Act 2013 (NSW), s 16B Bail Act 1978 (NSW), s 9B Crimes Act 1900 (NSW), Pt 3, ss 61J, 79, 85A, 86, 90A Crimes (Amendment) Act 1961 (NSW), s 2 Crimes Amendment (Gang and Vehicle Related Offences) Act 2001 (NSW), Sch 1, cll 5, 6 Crimes Legislation Amendment Act 2012 (NSW), Sch 1, cl 3 Criminal Legislation Amendment Act 2001 (NSW), Sch 3, cl 2 Interpretation Act 1978 (NSW), ss 5, 33, 35, 68 Public Works Act 1912 (NSW), ss, 126, 126A Cases Cited: Albury City Council v North Albury Shopping Centre Pty Ltd (1985) 1 NSWLR 220 Davis v Regina [2006] NSWCCA 392 Texts Cited: Pearce and Geddes, Statutory Interpretation, (7th ed, 2011, LexisNexis Butterworths) Second Reading Speech to the Criminal Legislation Amendment Bill 2001 (NSW) (Legislative Assembly, 17 October 2001, page 1758) Category: Principal judgment Parties: Glenn (a pseudonym) (Applicant) Regina (Crown) Representation: Counsel: E Fletcher (Solicitor) (Applicant) E Freelander (Solicitor) (Crown)