Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Trevascus v R [2020] NSWCCA 323 Hearing dates: 2 December 2020 Date of orders: 2 December 2020 Decision date: 09 December 2020 Before: McCallum JA at [1]
Johnson J at [3]
R A Hulme J at [58]Decision: The Applicant’s release application is dismissed.
Catchwords: BAIL – release application – application for bail for purposes of appeal against conviction and sentence to be heard by Court of Criminal Appeal – applicant convicted of offences of robbery in company and attempted take and drive vehicle in circumstances of aggravation (being in company) – special or exceptional circumstances test – assessment of strength of grounds of appeal – consideration of factors relevant to bail – release application dismissed
Legislation Cited: Bail Act 2013
Crimes Act 1900
Jury Act 1977
Cases Cited: Darwiche v R; El-Zeyat v R; Aouad v R; Osman v R (2018) 209 A Crim R 424; [2011] NSWCCA 62
El Khouli v R [2019] NSWCCA 146
El-Hilli and Melville v R [2015] NSWCCA 146
HT v Director of Public Prosecutions (NSW) [2019] NSWCCA 141
Lee v R; Tang v R [2015] NSWCCA 157
Macaree v State of Western Australia [2011] WASCA 207
Petroulias v R [2010] NSWCCA 95
R v Bourke [2003] QCA 113
R v Burns (2009) 103 SASR 514; [2009] SASC 105
R v Dunn (2006) 94 SASR 177; [2006] SASC 58
R v Muir [2009] SASC 94
R v Petroff (1980) 2 A Crim R 101
R v Thompson (2008) 21 VR 135; [2008] VSCA 144
R v Trevascus [2020] NSWDC 90
Texts Cited: ---
Category: Principal judgment Parties: Ryan Trevascus (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr IS McLachlan (Applicant)
Ms M Millward (Respondent)
Aquila Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2020/322837 Publication restriction: ---
Judgment
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McCALLUM JA: I joined in the orders of the Court because I agreed that, in light of the applicant’s history of addiction to illicit substances, the bail proposal did not adequately address the risk of committing a serious offence if released. I would not have granted bail to the applicant without a proposal for residential drug rehabilitation.
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It is accordingly not necessary to record my opinion as to the prospects of appeal save to say that, while I do not share Johnson J’s bleak assessment particularly as to ground (a), I do not disagree with the conclusion that exceptional circumstances have not been shown. I agree with Johnson J and the additional remarks of R A Hulme J as to ground (b).
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JOHNSON J: The Applicant, Ryan Trevascus, applied for bail for the purposes of an appeal against conviction and sentence to be heard by the Court of Criminal Appeal on 28 April 2021.
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The Applicant’s release application was heard by this Court on 2 December 2020. At the conclusion of the hearing, the Court made an order dismissing the release application with reasons…
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- AGLC
- Trevascus v The Queen [2020] NSWCCA 323
- Case
- [2020] NSWCCA 323
- Decision Date
CaseChat Overview and Summary
In addressing the application, the court examined the grounds of appeal and found them to lack significant merit. The court considered the strength of the appeal to be weak, which was a critical factor in the decision-making process. Additionally, the court assessed other relevant factors, such as the nature and severity of the offences, the risk of re-offending, and the potential impact on the community if bail were granted. The court concluded that the public interest in maintaining the safety and security of the community outweighed the applicant's right to liberty pending appeal. As a result, the court dismissed the application for bail.
The court's reasoning and ultimate decision were grounded in a careful analysis of the evidence and legal principles applicable to bail applications in such circumstances. The court determined that there were no special or exceptional circumstances that would justify granting bail, and therefore, Trevascus's application was dismissed.
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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