Sultani v R; Shekeb v R; Abdaly v R; MD v R; Baines v R; Munshizada v R; Hosseinishoja v R [2021] NSWCCA 301

Sultani v R; Shekeb v R; Abdaly v R; MD v R; Baines v R; Munshizada v R; Hosseinishoja v R [2021] NSWCCA 301

Applications for suppression and non-publication orders relating to ongoing Supreme Court proceedings are properly to be brought before the Supreme Court judge presiding over those proceedings; seeking such orders from the District Court or in appeal to this Court, when those matters have been determined by the Supreme Court, constitutes an abuse of process and is impermissible.

Jurisdiction
Australia
Judgment Date
03 December 2021
Procedural Posture
Criminal Appeal / Application for Suppression and Non Publication Orders; Leave to Appeal Dismissed by Consent
Outcome
Application for suppression and non-publication orders refused; applications for adjournment and interim suppression order declined; leave to appeal dismissed by consent.
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'abuse of Process']
['criminal Law' 'practice and Procedure'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'abuse of Process']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Suppression and Non Publication Orders; Leave to Appeal Dismissed by Consent

Legal Issues

  1. 1 ['Whether the District Court or Supreme Court has jurisdiction to make suppression or non-publication orders relating to proceedings in another court' 'Whether it is appropriate to seek suppression orders from a court other than the one conducting the proceedings' 'Whether the applications for adjournment and interim suppression orders constituted an abuse of process']

Ratio Decidendi

Applications for suppression and non-publication orders relating to ongoing Supreme Court proceedings are properly to be brought before the Supreme Court judge presiding over those proceedings; seeking such orders from the District Court or in appeal to this Court, when those matters have been determined by the Supreme Court, constitutes an abuse of process and is impermissible.

Court Disposition

Application for suppression and non-publication orders refused; applications for adjournment and interim suppression order declined; leave to appeal dismissed by consent.

Orders

  • ['Applications for leave to appeal dismissed by consent.' 'Application for adjournment and interim suppression order under s 10 refused.']