Karout v Director of Public Prosecutions (NSW) [2020] NSWCCA 15

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Karout v Director of Public Prosecutions (NSW) [2020] NSWCCA 15 Hearing dates: 6 February 2020 Date of orders: 06 February 2020 Decision date: 14 February 2020 Before: Bell P at [1] Walton J at [4] Johnson J at [5] Decision: The application for bail is dismissed and the alternative application for a stay is refused. Catchwords: BAIL - application for bail pending determination by High Court of application for special leave to appeal - sentence appeal dismissed by Court of Criminal Appeal - no appeal "pending in High Court" under s.67(1)(d) Bail Act 2013 as no grant of special leave to appeal - bail application dismissed - alternative application for stay - stay refused Legislation Cited: Bail Act 2013 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Judiciary Act 1903 (Cth) Cases Cited: Chamberlain v The Queen (No. 1) (1983) 153 CLR 514; [1983] HCA 13 Collins v The Queen (1975) 133 CLR 120; [1975] HCA 60 Fangaloka v The Queen [2020] HCASL 12 HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141 Jennings Construction Limited v Burgundy Royale Investment Pty Limited (No. 1) (1986) 161 CLR 681; [1986] HCA 84 Karout v R [2019] NSWCCA 253 R v AB (No. 2) (2018) 97 NSWLR 1031; [2018] NSWCCA 148 R v Fangaloka [2019] NSWCCA 173 R v Sinanovic [2001] NSWCCA 164 Richards (A Pseudonym) v R (2017) 270 A Crim R 311; [2017] VSCA 57 Sinanovic v The Queen (No. 1) (2001) 179 ALR 520; [2001] HCA 35 Texts Cited: --- Category: Principal judgment Parties: Hassan Karout (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: Mr GR James QC (Applicant) Ms BK Baker (Respondent)