R v Rodriguez

Case [2020] NSWSC 1660


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Rodriguez [2020] NSWSC 1660
Hearing dates: 5 November 2020; 11 and 13 November 2020 (written submissions)
Date of orders: 23 November 2020
Decision date: 23 November 2020
Jurisdiction:Common Law - Criminal
Before: Walton J
Decision:

The Court makes the followings orders:

(1) The Crown’s detention application is granted.

(2) The respondent’s bail is revoked and he is to be detained forthwith.

Catchwords:

BAIL – where a detention application is brought by the Crown following a grant of bail pending appeal – jurisdiction of the Supreme Court – whether special or exceptional circumstances have been established under s 22 of the Bail Act 2013 (NSW) – relevant principles – arguability test is only enlivened upon the Court being satisfied that an additional factor of substance has been established to support the finding of special or exceptional circumstances – youth – period in custody – delay – prior bail granted – proposed grounds of appeal – assessment of merits – detention application granted

Legislation Cited:

Bail Act 1978 (NSW)

Bail Act 2013 (NSW)

Crimes Act 1900 (NSW)

Criminal Appeal Rules (NSW)

Criminal Appeal Act 1912 (NSW)

Cases Cited:

Banditt v The Queen (2005) 224 CLR 262; [2005] HCA 80

Chidiac v The Queen (1991) 171 CLR 432; [1991] HCA 4

Director of Public Prosecutions (Cth) v Cassaniti [2006] NSWSC 1103

El Khouli v R [2019] NSWCCA 146

El-Hilli and Melville v R [2015] NSWCCA 146

GBF v The Queen [2020] HCA 40

M v The Queen (1994) 181 CLR 487

Marotta v The Queen (1999) 73 ALJR 265; [1999] HCA 4

Murray v R (1987) 11 NSWLR 12

Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238

Obeid v R (No 2) [2016] NSWCCA 321

Pell v The Queen [2020] HCA 12

Peters v The Queen (1996) 71 ALJR 309

Petroulias v R [2010] NSWCCA 95

R v XHR [2012] NSWCCA 247

R v Ambury [2017] NSWCCA 115

R v Beserick (1993) 30 NSWLR 510

R v Brown (Unreported, Supreme Court of NSW, Walton J, 6 February 2019)

R v Hemsley (1988) 36 A Crim R 334

R v Henning (Unreported, New South Wales Court of Criminal Appeal, Gleeson CJ, Campbell and Mathews JJ, 11 May 1990)

R v Kitchener (1993) 29 NSWLR 696

R v O'Meagher (1997) 101 A Crim R 196

R v Paul Campbell (a pseudonym) [2017] NSWSC 1844

R v Thomas (Unreported, Supreme Court of NSW, Campbell J, 4 June 2014)

R v Tolmie (1995) 37 NSWLR 660

R v Vaziri [2016] NSWSC 1283

R v Velevski [1999] NSWCCA 96

R v Waters (1990) 9 Petty SR 4016

R v Williams [2018] NSWSC 994

R v Zorad [1979] 2 NSWLR 764

Roos v R [2019] NSWCCA 67

Samandi v Director of Public Prosecutions (NSW) [2020] NSWCCA 102

Stanford v R [2018] NSWCCA 249

The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35

Wilson v R (1994) 34 NSWLR…

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AGLC
R v Rodriguez [2020] NSWSC 1660
Case
[2020] NSWSC 1660
Decision Date

CaseChat Overview and Summary

In the matter of Regina v Rodriguez, the Supreme Court of New South Wales was tasked with determining an application by the Crown to revoke bail that had previously been granted to the defendant, pending an appeal. The case involved the defendant's legal team opposing the application, arguing against the revocation of the bail on the basis of the circumstances at hand. The court had to consider whether the criteria for special or exceptional circumstances under section 22 of the Bail Act 2013 (NSW) had been met, thereby justifying the revocation of the defendant's bail.

The legal issues central to the court's consideration were whether the Crown had demonstrated that special or exceptional circumstances existed to warrant the revocation of the defendant's bail and, if so, whether these circumstances were sufficient to meet the threshold required by section 22 of the Bail Act. The court had to assess the arguability test, which requires satisfaction that an additional factor of substance has been established to support the finding of special or exceptional circumstances. This involved examining the defendant's youth, the period already spent in custody, delays in the proceedings, and the proposed grounds of appeal.

The court found that the Crown had demonstrated sufficient grounds for the application, taking into account the defendant's youth, the length of time already spent in custody, and the nature of the proposed grounds of appeal. The court concluded that these factors constituted special or exceptional circumstances, warranting the revocation of the defendant's bail. The decision hinged on the arguability of the proposed grounds of appeal and the impact of the delay on the defendant's circumstances, which the court deemed to be significant enough to warrant the revocation of bail. The court granted the Crown's application, leading to the defendant's detention.

Orders

Orders of the court

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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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