McGlone v Director of Public Prosecutions (Cth) [2019] NSWCCA 99

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McGlone v Director of Public Prosecutions (Cth) [2019] NSWCCA 99 Hearing dates: 8 May 2019 Date of orders: 08 May 2019 Decision date: 20 May 2019 Before: White JA at [1]; Harrison J at [22]; R A Hulme J at [23] Decision: Bail granted with conditions. Catchwords: CRIME – Bail – Release Application – Applicant and co-accused convicted at same hearing – Co-accused successfully appealed conviction – Whether Crown concession given in respect of applicant's own conviction appeal special or exceptional circumstance justifying grant of bail – Release application and bail granted Legislation Cited: Bail Act 2013 (NSW), ss 16A, 18, 19, 22, 49 Criminal Code (Cth), ss 11.5 and 307.1 Cases Cited: Baker v The Queen [2004] HCA 45; (2004) 210 ALR 1 Director-General, Department of Community Services v The Adoptive Parents [2005] NSWCA 385 DPP v Tikomaimaleya [2015] NSWCA 83 Edward Moses Obeid v R (No 2) [2016] NSWCCA 321 McKell v R [2017] NSWCCA 291 McKell v The Queen [2019] HCA 5 R v Kelly [2000] QB 198 Category: Principal judgment Parties: Richard McGlone (Applicant) Commonwealth Director of Public Prosecutions (Respondent) Representation: Counsel: P Lange (Applicant) S Duggan (Crown)

Solicitors: Zahr Partners (Applicant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2019/99103