Roach v R [2019] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roach v R [2019] NSWCCA 54 Hearing dates: 08 March 2019 Date of orders: 08 March 2019 Decision date: 15 March 2019 Before: Simpson AJA; Fullerton J; Wilson J Decision: Application refused Catchwords: CRIME — bail — appeal bail — "special or exceptional circumstances" — s 22 Bail Act 2013 (NSW) — where application for release relies exclusively on strength of appeal — whether appeal is "most likely to succeed" — El-Hilli & Melville v R [2015] NSWCCA 146 — application refused Legislation Cited: Bail Act 2013 (NSW) Corporations Act 2001 (Cth) Crimes Act 1900 (NSW) Criminal Appeal Rules Criminal Procedure Act 1986 (NSW) Cases Cited: El-Hilli & Melville v R [2015] NSWCCA 146 Obeid v R (No 2) [2016] NSWCCA 321 Category: Principal judgment Parties: Peter David Roach (Applicant) Crown (Cth) (Respondent) Representation: Counsel: J Glissan QC/D Brezniak (Applicant) M England/K Curry (Respondent)

Solicitors: Raihani Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2014/235474

Judgment 1. THE COURT: The applicant applied for a release order pursuant to the Bail Act 2013 (NSW). Because the applicant has been convicted on indictment and sentenced, and has appealed to this Court, his application was governed by s 22(1)(a) of the Bail Act. That section prohibits the grant of bail pending appeal unless it is established (by the applicant) that special or exceptional circumstances justify that bail decision. 2. At the conclusion of the hearing, which took place on 8 March 2019, the Court was satisfied that no such special or exceptional circumstances had been established and made an order refusing the application with reasons to be given in due course. These are those reasons. 3. The "special or exceptional circumstance" on which the applicant relies is what he contends to be his favourable prospects of success on his appeal. It was accepted by him that, where an applicant for a release order pending appeal relies exclusively on the strength of the appeal, it may be necessary to establish that the appeal is "most likely to succeed": El-Hilli & Melville v R [2015] NSWCCA 146 at [26].