R v Ibrahim Elomar; R v Mamdouh Elomar; R v Jousif [2017] NSWSC 1860

R v Ibrahim Elomar; R v Mamdouh Elomar; R v Jousif [2017] NSWSC 1860

The non-publication orders were necessary because the material had the potential to affect continuing proceedings, and because the public interest in allowing the offenders' counsel and legal representatives access to rare and potentially useful sentencing material significantly outweighed the public interest in open justice. The orders could be made until further order because the Crown undertook to inform the Court when the associated Victorian Supreme Court proceedings had been finally determined.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Criminal Proceedings / Crown Application for Non Publication Orders
Outcome
Crown application granted; non-publication orders made until further order with limited exceptions for legal representatives in these proceedings.
Legal Topics
['non Publication Orders' 'suppression Orders' 'administration of Justice' 'open Justice' 'sentencing']
['practice and Procedure' 'criminal Law'] ['non Publication Orders' 'suppression Orders' 'administration of Justice' 'open Justice' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings / Crown Application for Non Publication Orders

Legal Issues

  1. 1 ['Whether non-publication orders should be made in respect of two decisions of the Victorian Supreme Court.' 'Whether the orders were necessary to prevent prejudice to the proper administration of justice because the material had the potential to affect continuing proceedings.' "Whether it was otherwise necessary in the public interest to make the orders, with an exception allowing offenders' legal representatives access to the Victorian decisions for the purposes of these proceedings." 'What duration should be specified for the non-publication orders.']

Ratio Decidendi

The non-publication orders were necessary because the material had the potential to affect continuing proceedings, and because the public interest in allowing the offenders' counsel and legal representatives access to rare and potentially useful sentencing material significantly outweighed the public interest in open justice. The orders could be made until further order because the Crown undertook to inform the Court when the associated Victorian Supreme Court proceedings had been finally determined.

Court Disposition

Crown application granted; non-publication orders made until further order with limited exceptions for legal representatives in these proceedings.

Orders

  • ['Until further order, there be no disclosure, by publication or otherwise, of any material containing any reference to Radius Christanto pleading guilty, or any statement of any intention to plead guilty, to a charge of conspiring to bribe foreign public officials; the plea hearing in respect of Christanto on 30...