Iongi v R

[2022] NSWCCA 42

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Bail
3. › Release application
4. › Jurisdiction of Court of Criminal Appeal
5. › Whether bail decision made by Supreme Court for the relevant offence
6. › Bail Act 2013 (NSW), ss 7, 8, 48, 49, 67(1)(e)
1. Criminal Law
2. › Bail
3. › Bail decisions specific to offences
4. › Original charges withdrawn and replaced with new charges
5. › Whether bail decision on original charges constitutes bail decision on new charges
6. › Bail Act 2013 (NSW), ss 7, 8, 67(1)(e)
1. Practice and Procedure
2. › Jurisdiction
3. › Court of Criminal Appeal
4. › Bail applications
5. › Statutory source of jurisdiction
6. › Whether jurisdiction exists where no bail decision made by Supreme Court on relevant offences
7. › Bail Act 2013 (NSW), ss 48, 67

Quick Take

Where original charges are withdrawn and replaced with new charges, a prior Supreme Court bail refusal on the original charges does not engage the CCA's jurisdiction under s 67(1)(e) of the Bail Act 2013 (NSW) for the new charges. A fresh release application must be made to the Supreme Court, and s 74(1) will not restrict that application because the new charges are different offences.