Grant v R

[2024] NSWCCA 30

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeals
3. › Extension of time to appeal
4. › Conviction appeal
5. › Where intervening decision establishes offence incapable of being committed by applicant
6. › Whether extension of time should be granted
7. › Crimes Act 1900 (NSW), s 66EA, s 81
1. Criminal Law
2. › Bail
3. › Bail pending appeal
4. › Special or exceptional circumstances
5. › Whether pending proceedings exist before grant of leave to appeal
6. › Whether special or exceptional circumstances established
7. › Bail Act 2013 (NSW), ss 22, 59, 61
1. Criminal Law
2. › Appeals
3. › Conviction appeal
4. › Guilty plea
5. › Whether miscarriage of justice where applicant convicted of offence incapable of being committed by her
6. › Crimes Act 1900 (NSW), s 81

Quick Take

A female convicted of an offence under s 81 of the Crimes Act 1900 (NSW) (now repealed) has strong grounds for appeal following Lam v R [2024] NSWCCA 6, which held that s 81 was incapable of being committed by a female, and such circumstances satisfy the 'special or exceptional circumstances' threshold for bail pending appeal.

Case Details

Citation[2024] NSWCCA 30

CourtNSWCCA

JurisdictionNew South Wales

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Cited by1

2024Grant v RNSWCCA 78

Relies on18

2024Lam v RNSWCCA 6
2023Garcia-Godos v R; MH v RNSWCCA 145
2022White v RNSWCCA 241
2021Bobbe v RNSWCCA 44
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