Director of Public Prosecutions (Cth) v Salvatore Peter Cassaniti

[2006] NSWCCA 335

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Power to grant bail pending appeal
4. › Whether single judge of Supreme Court has power under s 28 of Bail Act to grant bail where appeal pending in Court of Criminal Appeal
5. › Bail Act 1978 (NSW), ss 28, 30, 30AA
1. Criminal Law
2. › Bail
3. › Review of bail decisions
4. › Power of Court of Criminal Appeal to review bail decisions
5. › Whether CCA can review decision of Supreme Court judge sitting in Common Law Division
6. › Bail Act 1978 (NSW), ss 45, 46, 47
1. Criminal Law
2. › Appeal
3. › Notice of appeal
4. › Extension of time
5. › Whether notice of intention to appeal could be extended after expiry
6. › Criminal Appeal Rules, rr 3A, 3B, 23C, 23D, 76
1. Criminal Law
2. › Bail
3. › Scope of appeal
4. › Whether notice of appeal unlimited in terms extends to all counts notwithstanding grounds directed to specific counts only

Quick Take

A single judge of the Supreme Court sitting in the Common Law Division has power under s 28 of the Bail Act 1978 (NSW) to grant bail pending appeal to the Court of Criminal Appeal, subject to the s 30AA requirement of special or exceptional circumstances. The CCA under s 46 can only review its own bail decisions and has no jurisdiction to review a bail decision made by a Supreme Court judge sitting in the Common Law Division; such review must be conducted under s 45 by a Supreme Court judge.