Ghasemi v District Court of New South Wales [2015] NSWCA 267

Ghasemi v District Court of New South Wales [2015] NSWCA 267

No principled basis exists to stay the sentence proceedings or order an expedited hearing of judicial review where no arguable case for apprehended bias or prejudice is demonstrated and procedural fairness concerns are unsupported. Sentence already deferred for over a year adds to the unsatisfactory delay, and applicant's prospects in primary proceedings are poor.

Parties
Applicant: Behrooz Ghasemi; First Respondent: District Court of New South Wales; Second Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
01 September 2015
Procedural Posture
Application / Interlocutory
Outcome
Applications refused
Legal Topics
Stay of Proceedings, Expedition, Apprehended Bias, Procedural Fairness, Recusal Applications
Criminal Law Procedure Stay of Proceedings Expedition Apprehended Bias Procedural Fairness Recusal Applications

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Parties

Behrooz Ghasemi

Applicant

District Court of New South Wales

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether a temporary stay of sentence proceedings should be granted pending judicial review or proposed appeal against conviction
  2. 2 Whether there is a proper basis for expedition of judicial review proceedings concerning refusal by sentencing judge to recuse herself for apprehended bias

Ratio Decidendi

No principled basis exists to stay the sentence proceedings or order an expedited hearing of judicial review where no arguable case for apprehended bias or prejudice is demonstrated and procedural fairness concerns are unsupported. Sentence already deferred for over a year adds to the unsatisfactory delay, and applicant's prospects in primary proceedings are poor.

Court Disposition

Applications refused

Orders

  • Application for temporary stay of sentence proceedings refused.
  • Application for expedited hearing of judicial review proceedings refused.