Obeid v The Queen (No 1)

[2016] NSWCCA 320

Court of Criminal Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Obeid v R (No 1) [2016] NSWCCA 320
Hearing dates:	20 December 2016
Date of orders:	20 December 2016
Decision date:	20 December 2016
Before:	Bathurst CJ; Hoeben CJ at CL; R A Hulme J
Decision:	Bail refused
Legislation Cited:	Bail Act 2013 (NSW) s 22 Criminal Appeal Rules (NSW) r 4
Category:	Procedural and other rulings
Parties:	Edward Moses Obeid (Applicant) Crown (Respondent)
Representation:	Counsel: G Reynolds SC / D Hume (Applicant) M McHugh SC/ B Narula (Respondent) Solicitors: Breene & Breene (Appellant) Director of Public Prosecutions (Respondent)
File Number(s):	2016/376130
Decision under appeal	Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law - Criminal Citation: [2016] NSWSC 1840 Date of Decision: 15 December 2016 Before: Beech-Jones J File Number(s): 2015/53925

Judgment

1. THE COURT: The Court has reached a view on this matter but it is not in a position now to give detailed reasons but will give a summary of its reasons, particularly in case this matter is taken further. The Court is of the view that there are no special or exceptional circumstances to warrant the grant of bail, pending any appeal which may be lodged.

2. Leaving aside the matters argued on the merits of the appeal, the other matters raised in the submissions concerning the personal circumstances of Mr Obeid do not amount to special or exceptional circumstances, particularly where the Court is in a position to grant a hearing date in respect of any appeal on 15 March 2017.

3. So far as the matters raised in the grounds of appeal are concerned, the matters raised should have been raised before the trial judge and no direct explanation has been given as to the reasons they were not. To raise these grounds it would be necessary for it to be demonstrated that there was a miscarriage of justice having regard to the provisions of r 4 of the Criminal Appeal Rules. In these circumstances, whilst the Court is of the view that the grounds of appeal are arguable and it may well be that leave to raise these grounds is given in due course when the appeal is heard, it does not seem to us in the present case that in those circumstances the case is sufficiently strong to warrant, either on its own or in conjunction with the other circumstances, special or exceptional circumstances such as to enable bail to be given having regard to the provisions of s 22 of the Bail Act 2013. In those circumstances, the application is refused.

ADDENDUM:  Refer to Obeid (No 2) [2016] NSWCCA 321.

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Amendments

08 February 2017 - Addendum added

08 February 2017 - Representation amended