SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Quzag v The Queen (No 2) |
Citation: | [2015] ACTCA 10 |
Hearing Date(s): | 18 March 2015 |
DecisionDate: | 14 April 2015 |
Before: | Refshauge J |
Decision: | The Court declines to stay the sentence imposed on 12 February 2015. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – JURSIDICTION, PRACTICE AND PROCEDURE – Application for bail – Appeal pending – Whether stay necessary – Whether sentence will have been served while on bail |
Legislation Cited: | Bail Act 1992 (ACT), s 9E Crimes (Sentence Administration) Act 2005 (ACT), ss 55, 58 Explanatory Memorandum for the Law and Justice Legislation Amendment Bill 1990 (Cth) |
Cases Cited: | Grey-Pagdin v Duthie (1987) 47 SASR 493 Hadba v The Queen (2004) 146 A Crim R 291 |
Parties: | Mohanad Quzag (Appellant) The Queen (Respondent) |
Representation: | Counsel Mr Kukulies-Smith (Appellant) Ms E Beljic (Respondent) |
| Solicitors Kamy Saeedi Lawyers (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number(s): | ACTCA 12 of 2015 |
Decision under appeal: | Court/Tribunal: ACT Supreme Court Before: Murrell CJ Date of Decision: 12 February 2015 Case Title: R v Mohanad Quzag Citation: [2015] ACTSC 52 |
Refshauge J:
On 18 March 2015, I granted the Appellant, Mohanad Quzag, bail, pending the hearing of his appeal against the sentence imposed by the Supreme Court: Quzag v The Queen [2015] ACTCA 9.
Despite an application claiming a stay of the proceedings, I did not grant a stay. It is not necessary to do so before bail is granted in these circumstances: Sherd v The Queen (2011) 5 ACTLR 290 at 299; [44].
A question has arisen, however, as to whether granting bail was appropriate and effective to deal with all the custodial portions of the sentence, in particular, the period of imprisonment to be served by periodic detention.
The reason that I held in Sherd v The Queen that a stay is not necessary before granting bail, pending appeal, to a person serving a sentence of imprisonment, was…
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- Quzag v The Queen (No 2) [2015] ACTCA 10
- Case
- [2015] ACTCA 10
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CaseChat Overview and Summary
The central legal issue before the Court was whether a stay of the sentence was necessary, specifically considering whether the applicant would have served the entirety of his sentence while on bail. This required the Court to assess the likelihood of the appeal succeeding and the practical implications of granting or refusing bail in light of the sentence length and the anticipated duration of the appeal process.
Refshauge J reasoned that a stay of a sentence pending appeal is an exceptional remedy. The Court considered the length of the sentence and the likely time it would take for the appeal to be heard. His Honour concluded that, given the circumstances, the applicant would likely have served the sentence before the appeal could be determined, rendering a stay unnecessary and the appeal potentially academic in that regard.
Accordingly, the Court declined to grant the stay of the sentence imposed on 12 February 2015.
Orders
Orders of the court
The Court declines to stay the sentence imposed on 12 February 2015.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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