Supreme Court
New South Wales
Medium Neutral Citation: R v Obeid (No 13) [2016] NSWSC 1840 Hearing dates: 15 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Before: Beech-Jones J Decision: Bail refused
Catchwords: BAIL – application for bail pending appeal to Court of Criminal Appeal – offender sentenced to imprisonment following trial – bail immediately applied for – need to show special or exceptional circumstances – various factors relied on – non-custodial sentence will not expire before appeal determined – age, health and other factors relied on – prospects of appeal – almost all grounds not taken at trial – appeal prospects no higher than reasonably arguable – special or exceptional circumstances not shown – bail refused Legislation Cited: Bail Act 2013 (NSW)
Constitution (Disclosure by Members) Regulation 1983 (NSW)
Constitution Act 1902 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Egerton v Brownlow [4 HLC 1 at 161]
El-Hilli and Melville v R (2015) NSWCCA 146
Horne v Barber [1920] HCA 33; 27 CLR 494
Obeid v R (No 11) [2016] NSWSC 974
Obeid v R [2015] NSWCCA 309
Peters v R (1998) 192 CLR 493
R v Boston [1923] HCA 59; 33 CLR 386
R v Ghosh (1982) QB1 1053
R v Macleod (2003) 214 CLR 230
R v Obeid (No 12) [2016] NSWSC 1815
R v Obeid (No 2) [2015] NSWSC 1380
R v Quach [2010] VSCA 106; 201 A Crim R 522
Wilkinson v Osborne [2015] HCA 92; 21 CLR 89Category: Consequential orders (other than Costs) Parties: Regina (Crown)
Edward Moses Obeid (Offender)Representation: Counsel:
Solicitors:
P Neil SC (Crown)
G Reynolds SC; D Hume (Offender)
Director of Public Prosecutions (Crown)
Breene & Breene (Offender)
File Number(s): 2015/53925
EX TEMPORE Judgment (REVISED FROM TRANSCRIPT)
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HIS HONOUR: This morning I delivered sentence in these proceedings and published reasons accordingly: R v Obeid (No 12) [2016] NSWSC 1815 (“Obeid No 12”). This judgment should be read together with Obeid No 12.
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I sentenced the applicant for bail, Edward Moses Obeid, to a term of imprisonment for five years with a non-parole period of three years.
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Immediately on the publication of those reasons, an application was made to me for bail pending the hearing and determination of Mr Obeid's appeal to the Court of Criminal Appeal against his conviction. I have been advised that a notice of intention to appeal has already been filed.
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I should add that I was on notice, from yesterday, of the possibility that this application might be made. I was offered the opportunity to review the written submissions in support of the application. Given that it was inevitable that they would traverse matters that occurred at the trial and that my sentencing judgment was also addressing, I considered it was not appropriate to consider them at that stage.
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During the course of argument Senior Counsel for Mr Obeid, Mr Reynolds SC, foreshadowed that his client's appeal would extend…
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- AGLC
- R v Obeid (No 13) [2016] NSWSC 1840
- Case
- [2016] NSWSC 1840
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