HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141 Hearing dates: 05 June 2019 Decision date: 05 June 2019 Before: Bathurst CJ at [1], [35] and [37] Bell P at [36] Hamill J at [2] Decision: (1) Release application allowed (2) Conditional bail granted Catchwords: CRIMINAL LAW – bail – appeal bail – appeal to the High Court – where special leave granted – "special or exceptional circumstances" – appeal at least arguable – where non-parole period imposed in District Court expired – where substantial proportion of non-parole period imposed on Crown appeal will have been served – applicant on bail for three years pending sentence – bail granted Legislation Cited: Bail Act 2013 (NSW), ss 16A, 16B, 17, 18, 19, 22 and 67 Bail Act 1978 (NSW) Criminal Appeal Act 1912 (NSW), s 5D Cases Cited: Attorney General for New South Wales v CMB [2015] NSWCCA 166 Chamberlain v The Queen (No 1) (1983)153 CLR 514 Collins v The Queen (1975) 133 CLR 120 El-Hilli & Melville v R [2015] NSWCCA 146 HT v The Queen [2019] HCATrans 075 Marotta v The Queen (1999) 73 ALJR 265 Peters v The Queen (1996) 71 ALJR 309 R v Carroll; Carroll v R [2010] NSWCCA 55; 77 NSWLR 45 Category: Principal judgment Parties: HT (Applicant) Director of Public Prosecutions (NSW) Representation: Counsel: G Huxley (Applicant) D Kell SC; E Jones (Respondent)