Application of Con Bodiotis, Khaleb Taleb and Ghassan Amoun [2013] NSWCCA 40

Application of Con Bodiotis, Khaleb Taleb and Ghassan Amoun [2013] NSWCCA 40

Because the applicants were co-offenders seeking leave to appeal against sentence on parity or discount-for-assistance grounds, the interests of justice required that their legal advisers be able to read and digest the OS1 judgment; accordingly the publication restriction was varied to allow access only to those lawyers for use in those applications.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Interlocutory Applications / Applications by Co Offenders for Review and Variation of Non Publication and Suppression Orders Under S 13 of the Court Suppression and Non Publication Orders Act 2010
Outcome
Non-publication and suppression orders varied under s 13(3) Court Suppression and Non-publication Orders Act 2010.
Legal Topics
['co Offenders' 'non Publication Orders' 'suppression Orders' 'parity Principle' 'leave to Appeal Against Sentence' 'discount for Assistance']
['criminal Law'] ['co Offenders' 'non Publication Orders' 'suppression Orders' 'parity Principle' 'leave to Appeal Against Sentence' 'discount for Assistance']

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Procedural Posture

Interlocutory Applications / Applications by Co Offenders for Review and Variation of Non Publication and Suppression Orders Under S 13 of the Court Suppression and Non Publication Orders Act 2010

Legal Issues

  1. 1 ['Whether the restricted judgment in OS1 v R [2012] NSWCCA 102 should be made available to the legal advisers of co-offenders seeking leave to appeal against sentence on parity or discount-for-assistance grounds.']

Ratio Decidendi

Because the applicants were co-offenders seeking leave to appeal against sentence on parity or discount-for-assistance grounds, the interests of justice required that their legal advisers be able to read and digest the OS1 judgment; accordingly the publication restriction was varied to allow access only to those lawyers for use in those applications.

Court Disposition

Non-publication and suppression orders varied under s 13(3) Court Suppression and Non-publication Orders Act 2010.

Orders

  • ['Publication of the judgment is restricted to the Crown and lawyers for OS1.' 'Publication of the judgment is further restricted to lawyers appearing for Con Bodiotis, Khaled Taleb and Ghassan Amoun and only to them for use in their applications to the Court of Appeal for leave to appeal against sentence.']