NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Robert Flaherty [2016] NSWDC 121 Hearing dates: 26 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. Under s 11 of the Bail Act 2013 bail is granted to the offender on the same conditions as were fixed at the conclusion of the trial. I confirm that there are no reporting conditions. An additional condition is that the appeal anticipated in the notice of intention to appeal is to be prosecuted with due diligence. 2. I make an order that the matter be referred to the Registrar at the Court of Criminal Appeal at the next call-over on 3 March 2016. 3. I excuse Mr Flaherty from having to appear at the call-over provided he is legally represented. Catchwords: CRIMINAL LAW – procedure – bail – after conviction pending appeal – special or exceptional circumstances – particular cases – authorities suggest you lower threshold on prospects of success Legislation Cited: Bail Act 2013 (NSW) Cases Cited: El-Hilly and Melville v R [2015] NSWCCA 146 R v Jiao (No 3) [2014] NSWDC 354 United Mexican States v Cabal (2002) 209 CLR 165 Category: Procedural and other rulings Parties: Regina (Crown) Robert Flaherty (Offender) Representation: Counsel: Ms D Daleo (Crown Prosecutor) Ms L Rowan (Offender)
Solicitors: Director of Public Prosecutions (NSW) (Crown) Benetatos White (Offender) File Number(s): 2013/201461 Publication restriction: None
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