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Tom Spohr 1/5/24 Tom Spohr 1/5/24

Bugmy v Director of Public Prosecutions (NSW) [2024] NSWCA 70

This decision overturns a single-judge decision which graced these pages in August last year: Bugmy v Director of Public Prosecutions (NSW) [2023] NSWSC 862. Here, the Court of Appeal determined that an officer who has formed a belief, on reasonable grounds, that a person has failed (or is about to

Tom Spohr 1/8/23 Tom Spohr 1/8/23

Bugmy v Director of Public Prosecutions (NSW) [2023] NSWSC 862

This decision of a single judge of the Supreme Court, holds that, the only precondition to a police officer arresting a person for breach of bail is a formation of the relevant belief as to a breach of bail – the officer is not obliged to consider alternatives like a warning before determining to ar

Tom Spohr 1/9/22 Tom Spohr 1/9/22

Director of Public Prosecutions (NSW) v van Gestal [2022] NSWCCA 171

In this decision the CCA has settled – at least for the time being – the level of satisfaction which is implied by s 22B of the Bail Act, which provides that convicted defendants are ordinarily to be refused bail following conviction (other than special or exceptional circumstances) if they ‘will be

Tom Spohr 1/9/18 Tom Spohr 1/9/18

Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238

The Supreme Court has determined that a single judge cannot hear a bail application for a person sentenced in the District Court unless the applicant has first been refused bail in the District Court.