Ambury v R [2017] NSWCCA 115

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ambury v R [2017] NSWCCA 115 Hearing dates: 29 May 2017 Date of orders: 31 May 2017 Decision date: 31 May 2017 Before: Hoeben CJ at CL Garling J Bellew J Decision: Release Application refused Catchwords: BAIL – pending application for leave to appeal against conviction and sentence – whether special or exceptional circumstances – no such circumstances demonstrated – release application refused – no issue of principle Legislation Cited: Bail Act 2013 Crimes Act 1900 (NSW) Cases Cited: Obeid v R (No.2) [2016] NSWCCA 321 R v Kugor [2015] NSWCCA 14 Texts Cited: Not Applicable Category: Principal judgment Parties: Michael Ambury (Applicant) The Crown Representation: Counsel: In person (Applicant) T Smith (Crown)

Solicitors: SJT Lawyers (Applicant) C Hyland – Solicitor for Public Prosecutions File Number(s): 2016/373052 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 17 June 2016 Before: Traill DCJ File Number(s): 2012/217559

Judgment 1. THE COURT: On 8 May 2017, Michael Ambury, the applicant, filed a release application seeking a grant of bail. 2. The applicant is presently serving a sentence of imprisonment imposed for three convictions after a jury trial in the District Court. The total overall effective sentence which the applicant is presently serving is one of 2 years and 6 months commencing on 2 March 2016 and expiring on 1 September 2018. The non-parole period of that sentence is 1 year and 6 months, commencing on 2 March 2016 and expiring on 1 September 2017. 3. The convictions in respect of which the applicant was sentenced, related to three charges. The first charge was for an offence contrary to s 91D(1)(b) of the Crimes Act 1900 (NSW) of participating with a child under the age of 18 years in an act of prostitution. The other two offences were contrary to s 91D(1)(a) and s 344A of the Crimes Act, of attempting to cause a child under the age of 18 years to participate in an act of child prostitution. The three charges related to a juvenile, TB. 4. A jury returned verdicts of guilty in respect of each count on 17 March 2016. The applicant was sentenced on 17 June 2016. 5. On 9 December 2016, the applicant lodged a Notice of Application for Leave to Appeal against his convictions and the sentence which was imposed upon him. That Notice contained a number of specified grounds. During the hearing of this application, the applicant indicated that he intended to expand the number of these grounds. The Court was not provided with those proposed grounds. 6. That appeal is listed for hearing before this Court on 12 July 2017.