Obeid v R (No 2) [2016] NSWCCA 321

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Obeid v R (No 2) [2016] NSWCCA 321 Hearing dates: 20 December 2016 Date of orders: 20 December 2016 Decision date: 20 December 2016 Before: Bathurst CJ; Hoeben CJ at CL; R A Hulme J Decision: Bail refused Catchwords: CRIMINAL LAW – procedure – bail – application for release on bail pending appeal– whether special or exceptional circumstances exist justifying a decision to grant bail – various factors relied upon – age and ill-health – level of uncertainty in area of law that is the subject of one ground of appeal – significant proportion of custodial sentence likely to be served before appeal finalised – whether sufficient prospects of a successful appeal – majority of proposed grounds of appeal concern points that should have been raised at trial – no explanation given for failure to raise at trial – special or exceptional circumstances not shown – bail refused Legislation Cited: Bail Act 2013 (NSW), ss 17, 18, 19, 20, 22, 61, 62 Criminal Appeal Act 1912 (NSW) s 10(2)(b) Criminal Appeal Rules (NSW) r 4 Cases Cited: El-Hilli and Melville v R [2015] NSWCCA 146 Obeid v R (2015) 91 NSWLR 226; [2015] NSWCCA 309 Obeid v R [2016] HCASL 86 R v Kugor [2015] NSWCCA 14 R v Obeid (No 12) [2016] NSWSC 1815 R v Obeid (No 13) [2016] NSWSC 1840 Trinh v R [2016] NSWCCA 110 Category: Procedural and other rulings Parties: Edward Moses Obeid (Applicant) Crown (Respondent) Representation: Counsel: G Reynolds SC / D Hume (Applicant) M McHugh SC/ B Narula (Respondent)