Hamzy v District Court of NSW [2013] NSWCA 130

Hamzy v District Court of NSW [2013] NSWCA 130

The suppression order made on 10 May 2013 should be revoked because it was not consistent with the interim order made by the Court of Criminal Appeal and revocation would avoid any dispute as to its operation or effectiveness. A further limited order was warranted because matters referred to in the Court of Appeal hearing appeared to be the subject matter of the District Court suppression order and probably were not referred to in the District Court reasons for judgment.

Jurisdiction
Australia
Judgment Date
17 May 2013
Procedural Posture
Procedural Ruling Concerning Suppression and Non Publication Orders in Criminal Sentencing Proceedings / Court of Appeal Consideration of the Status of an Order Made on 10 May 2013; Summons and Notice of Motion Filed
Outcome
Suppression order made on 10 May 2013 revoked; limited non-publication order made; summons otherwise dismissed.
Legal Topics
['suppression Orders' 'non Publication Orders' 'sentencing Proceedings' 'inconsistent Orders' 'revocation of Earlier Order']
['procedure' 'criminal Law'] ['suppression Orders' 'non Publication Orders' 'sentencing Proceedings' 'inconsistent Orders' 'revocation of Earlier Order']

Case Brief

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Procedural Posture

Procedural Ruling Concerning Suppression and Non Publication Orders in Criminal Sentencing Proceedings / Court of Appeal Consideration of the Status of an Order Made on 10 May 2013; Summons and Notice of Motion Filed

Legal Issues

  1. 1 ['Whether the suppression order made by the Court on 10 May 2013 should remain on foot after the Court of Criminal Appeal made interim suppression and non-publication orders.' 'Whether information conveyed to the Court at the hearing on 10 May 2013 should be suppressed because it related to information disclosed by Bassam Hamzy and other evidence led in sentencing proceedings.']

Ratio Decidendi

The suppression order made on 10 May 2013 should be revoked because it was not consistent with the interim order made by the Court of Criminal Appeal and revocation would avoid any dispute as to its operation or effectiveness. A further limited order was warranted because matters referred to in the Court of Appeal hearing appeared to be the subject matter of the District Court suppression order and probably were not referred to in the District Court reasons for judgment.

Court Disposition

Suppression order made on 10 May 2013 revoked; limited non-publication order made; summons otherwise dismissed.

Orders

  • ['Revoke the suppression order made by this Court on 10 May 2013.' 'Order that the information conveyed to this Court relating to information disclosed by Bassam Hamzy and other evidence led in the course of his sentencing proceedings, not be disclosed or published in any form until further order of this Court or...