Sep 7, 2026

9 min

Director of Public Prosecutions (NSW) v Commissioner of Corrective Services [2026] NSWCA 186

This is a case from the NSW Court of Appeal. The Director of Public Prosecutions (NSW) v Commissioner of Corrective Services [2026] NSWCA 186. This case considers whether 335 days AR spent on bail pending retrial counted towards an aggregate sentence later restored when the High Court allowed the Crown’s appeal. The Court held that ss 18, 25A and 28A of the Criminal Appeal Act 1912 (NSW) concern bail pending an offender’s own appeal, not bail pending retrial during a Crown appeal. The District Court was functus and lacked power to alter the restored sentence. Its order was quashed. AR’s sentence expires on 23 January 2032, with the non-parole period expiring on 23 April 2027.

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