In an Application by Bassam Hamzy [2013] NSWCA 121

In an Application by Bassam Hamzy [2013] NSWCA 121

Given the absence of evidence demonstrating that disclosure of the evidence or transcript would jeopardise the applicant’s safety or that an error occurred in lifting the suppression order at sentencing, and since reasons were already delivered in open court, an interim suppression order applying only to the evidence and transcript (not reasons for sentence) is appropriate, with the rest of the application dismissed.

Jurisdiction
Australia
Judgment Date
10 May 2013
Procedural Posture
Application / Interlocutory/urgent Application, Pending Commencement of Proceedings
Outcome
Application largely dismissed.
Legal Topics
['suppression Orders' 'sentencing' 'non Publication Orders' 'assistance to Authorities' 'disclosure and Publication of Evidence']
['criminal Procedure'] ['suppression Orders' 'sentencing' 'non Publication Orders' 'assistance to Authorities' 'disclosure and Publication of Evidence']

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Procedural Posture

Application / Interlocutory/urgent Application, Pending Commencement of Proceedings

Legal Issues

  1. 1 ['Whether a suppression or non-publication order was required to protect the applicant after sentencing' 'Whether the evidence and transcript from sentencing proceedings should remain suppressed' 'Whether the lifting of a prior suppression order by the sentencing judge justified further interim orders']

Ratio Decidendi

Given the absence of evidence demonstrating that disclosure of the evidence or transcript would jeopardise the applicant’s safety or that an error occurred in lifting the suppression order at sentencing, and since reasons were already delivered in open court, an interim suppression order applying only to the evidence and transcript (not reasons for sentence) is appropriate, with the rest of the application dismissed.

Court Disposition

Application largely dismissed.

Orders

  • ['Direct that the solicitor acting on this application forthwith file the necessary summons to commence proceedings in this Court.' 'Order that the evidence and transcript before Judge Zahra in the matter relating to the applicant not be disclosed or published in any form until further order of this Court or the...