Fantakis v Director of Public Prosecutions (No 2)

Case

[2021] NSWCCA 317

17 December 2021


Details
AGLC Case Decision Date
Fantakis v Director of Public Prosecutions (No 2) [2021] NSWCCA 317 [2021] NSWCCA 317 17 December 2021

CaseChat Overview and Summary

In this case, the applicant, Fantakis, sought bail pending an appeal against a decision made by a lower court. The Director of Public Prosecutions opposed the application on the basis that it was an attempt to re-open a decision that had already been dismissed by the court. The matter was heard by the Court of Appeal in Victoria. The central issue before the court was whether the application could be considered on its merits, given that it was an attempt to re-open a decision that had already been dismissed by the court. The court held that there was no question of principle that would warrant the reconsideration of the application. The court found that the application was an attempt to re-open a decision that had already been dismissed by the court and that there were no new facts or circumstances that had arisen since the original decision was made. The court further held that the applicant had not demonstrated that there was any error in the original decision that warranted reconsideration. As a result, the application for bail was dismissed. The court did not make any further orders.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Bail

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Cases Citing This Decision

4

Mehajer v The King (No 2) [2024] NSWCCA 247
Cases Cited

4

Statutory Material Cited

1

Edwards v The Queen [2021] HCA 28