Director of Public Prosecutions (NSW) v Louizos

The Director of Public Prosecutions (NSW) sought a review of a decision by a judge of the Supreme Court of New South Wales to grant bail to the respondent, Louizos, pending his appeal against conviction. The application was heard by McClellan CJ at CL, Grove J, and Simpson J in the Court of Criminal Appeal of New South Wales.

The central legal issue before the Court of Criminal Appeal was whether exceptional circumstances existed to justify the grant of bail to the respondent pending his appeal against conviction, as required by section 30AA of the *Bail Act 1978* (NSW).

The Court reasoned that the threshold for establishing exceptional circumstances under section 30AA of the *Bail Act 1978* (NSW) was a high one. It considered the nature of the appeal, the length of the sentence imposed, and the respondent's criminal history. The Court concluded that the circumstances presented did not meet the stringent requirements of exceptionality necessary to override the general rule that a person appealing a conviction and sentence should remain in custody. Accordingly, the Court found that the initial decision to grant bail was erroneous.

The Court of Criminal Appeal ordered that the application be granted and that the respondent's bail be revoked.