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Court of Criminal Appeal 30 March 2022

Singh v R

[2022] NSWCCA 86

Public order & justice offences
BAIL ORDERS MADE NO POINT OF PRINCIPLE

Citation: Singh v R [2022] NSWCCA 86
Court: NSW Court of Criminal Appeal
Date: 30 March 2022
Judges: Macfarlan JA, Bellew J, Wright J

Background

The respondent pleaded guilty in the Local Court in April 2021 and was sentenced to an aggregate term of imprisonment of 2 years and 10 months, with a non-parole period of two years. He appealed to the District Court on the ground that the sentence was excessive, seeking an Intensive Correction Order rather than full-time custody. Judge Hanley SC dismissed that appeal in August 2021, though the sentence was varied to two years' imprisonment with a non-parole period of 15 months.

The respondent then commenced judicial review proceedings in the Supreme Court, challenging the District Court's decision. On 2 December 2021, Garling J granted conditional bail and ordered his release. Upon release, however, the respondent was immediately taken into the custody of the Australian Border Force because his visa had been cancelled.

Shortly after that bail grant, the Court of Criminal Appeal delivered its judgment in Stanley v Director of Public Prosecutions [2021] NSWCCA 337. Both parties agreed that Stanley had a material and potentially adverse effect on the respondent's prospects of success in the judicial review proceedings, prompting the Crown to apply for the respondent's detention.

  • Whether the decision in Stanley v Director of Public Prosecutions constituted a relevant change in circumstances sufficient to warrant revocation of the conditional bail granted by Garling J
  • Whether the respondent should be remanded to a Corrective Services NSW correctional centre in light of that changed circumstance

Decision

The parties were in agreement on the central question. The respondent conceded that Stanley represented a relevant change in circumstances and raised no objection to an order for his detention. The court accepted that concession as appropriate given the circumstances.

Bellew J (with whom Macfarlan JA and Wright J agreed) found that the revocation of bail and the issue of a warrant for the respondent's remand to a correctional centre were the appropriate orders to make. The court noted expressly that the decision raised no point of principle.

Orders Made

  • The conditional bail granted by Garling J on 2 December 2021 was revoked.
  • A warrant was issued pursuant to s 39 of the Bail Act 2013 (NSW) remanding the respondent to a Correctional Centre under the control of Corrective Services NSW.

Key Takeaways

  • A subsequent appellate decision that materially and adversely affects a party's prospects in pending judicial review proceedings can constitute a relevant change in circumstances for the purposes of bail revocation under the Bail Act 2013 (NSW).
  • Where both parties agree that a change in circumstances has occurred and that revocation is appropriate, the Court of Criminal Appeal will proceed to make orders on that agreed basis.
  • The decision in Stanley v Director of Public Prosecutions [2021] NSWCCA 337 was treated here as having immediate practical consequences for related, ongoing proceedings.
  • Revocation of bail under s 39 of the Bail Act 2013 (NSW) results in the issue of a warrant remanding the respondent to custody.
  • No point of principle was established or clarified by this decision; it was determined on its particular procedural and agreed facts.

Legislation and Cases Referenced

Legislation
- Bail Act 2013 (NSW), s 39

Cases
- Stanley v Director of Public Prosecutions [2021] NSWCCA 337