Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Cranston & Ors (No 28) [2023] NSWSC 199 Hearing dates: 7 March 2023 Date of orders: 7 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law - Criminal Before: Payne JA Decision: Orders at [3]
Catchwords: CRIME — Bail — Detention applications post-conviction — whether special or exceptional circumstances exist
Legislation Cited: Bail Act 2013 (NSW)
Criminal Code Act 1995 (Cth) sch 1, Criminal Code
Judiciary Act 1903 (Cth)
Cases Cited: DPP (NSW) v Van Gestel (2022) 405 ALR 371; [2022] NSWCCA 171
El-Hilli and Melville v The Queen [2015] NSWCCA 146
Lin v Director of Public Prosecutions (DPP) [2017] NSWSC 312
Kaya v Commonwealth Director of Public Prosecutions [2018] VSC 420
Ngoc Tri Chau v Director of Public Prosecutions (1995) 37 NSWLR 639
Category: Procedural rulings Parties: Crown
Adam Michael Cranston (offender)
Dev Menon (offender)
Jason Cornell Onley (offender)Representation: Counsel:
Solicitors:
P McGuire SC with J Paingakulam and C Tran (Crown)
J Stratton SC with H Blake (Adam Cranston)
P Bruckner (Dev Menon)
WR Johnson (Jason Onley)
Commonwealth Director of Public Prosecutions (Crown)
One Group Legal (Adam Cranston)
Hardinlaw (Dev Menon)
Pure Legal (Jason Onley)
File Number(s): 2017/148697; 2017/148776; 2017/149208 Publication restriction: Not to be published other than to the parties until after the trials of each of the accused are completed.
JUDGMENT
-
On 7 March 2023, the jury found Adam Michael Cranston, Jason Cornell Onley and Dev Menon each guilty of the following offences:
Between about 1 March 2014 and about 18 May 2017, at Sydney in the State of New South Wales and elsewhere, conspiring with each other, Simon Paul Anquetil, Devyn Michelle Hammond, Joshua Meredith Kitson, Peter Larcombe, Daniel Rostankovski and divers others with the intention of dishonestly causing a loss to a third person, namely the Commonwealth.
Contrary to section 135.4(3) of the Criminal Code (Cth).
Between about 1 March 2014 and about 18 May 2017, at Sydney in the State of New South Wales and elsewhere, conspiring with each other, Simon Paul Anquetil, Devyn Michelle Hammond, Joshua Meredith Kitson, Peter Larcombe and divers others to deal with money of a value of $1,000,000 or more believing it to be the proceeds of crime.
Contrary to section 11.5(1) and 400.3(1) of the Criminal Code (Cth).
-
Immediately after the verdict, the Crown brought an application under s 50(1) of the Bail Act 2013 (NSW) to have Mr Cranston and Mr Onley detained before their sentencing. The Crown also applied for Mr Menon’s detention, but for reasons explained below, was content for his bail to continue, with varied conditions, for a period of eight weeks.
-
After hearing from the parties, I made the following orders:
The Court orders in the case of Adam Michael Cranston:
Bail is refused.
Matter adjourned for directions on sentencing on 4 May 2023.
Continue reading R v Cranston (No 28)
Sign in free to access the full text
- AGLC
- R v Cranston (No 28) [2023] NSWSC 199
- Case
- [2023] NSWSC 199
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the appeal presented special or exceptional circumstances that would warrant Cranston's release on bail. This involved assessing the strength of the appeal, the arguability of the grounds of appeal, and whether there were any other factors that might justify his release pending the appeal. The court had to balance the appellant's right to challenge the conviction and sentence against the public interest in ensuring that those convicted of crimes remain in custody unless there are compelling reasons to the contrary.
The High Court held that the appeal did not present significant arguable questions of law or fact. The court found that the appeal was unlikely to succeed and that there were no special or exceptional circumstances that would warrant Cranston's release on bail. The court emphasised the importance of maintaining the integrity of the criminal justice system and the need to deter crime by ensuring that those convicted remain in custody unless there are exceptional reasons to the contrary. Consequently, the application for bail was dismissed, and Cranston was required to remain in detention pending the outcome of his appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.