An appeal is 'pending' for the purposes of a bail application under the Bail Act 2013 (NSW) where a Notice of Intention to Appeal has been duly given, even though no Notice of Appeal has been filed, by virtue of s 10(2)(b) of the Criminal Appeal Act 1912 (NSW); the decision in Sayer-Jones v R [2024] NSWCCA 183 is confined to the power to grant a stay under the Criminal Appeal Act.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.