El-Saeidy v McAnulty [2016] NSWSC 340

El-Saeidy v McAnulty [2016] NSWSC 340

Except in the clearest case of fundamental impediment, criminal proceedings should run their course and not be stayed or fragmented; established appeal and review rights provide sufficient protection for alleged injustices.

Jurisdiction
Australia
Judgment Date
31 March 2016
Procedural Posture
Civil Application / Interlocutory
Outcome
Application dismissed
Legal Topics
['stay of Proceedings' 'fragmentation of Criminal Proceedings' 'bias and Fairness in Criminal Trials' 'interlocutory Application']
['procedure'] ['stay of Proceedings' 'fragmentation of Criminal Proceedings' 'bias and Fairness in Criminal Trials' 'interlocutory Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Application / Interlocutory

Legal Issues

  1. 1 ['Whether the Local Court proceedings should be stayed pending determination of Supreme Court proceedings' 'Whether fragmentation of part-heard criminal proceedings is warranted' 'Whether there are exceptional circumstances to justify interrupting criminal proceedings']

Ratio Decidendi

Except in the clearest case of fundamental impediment, criminal proceedings should run their course and not be stayed or fragmented; established appeal and review rights provide sufficient protection for alleged injustices.

Court Disposition

Application dismissed

Orders

  • ["Mr El-Saeidy's application is dismissed."]