Hoang v The Queen [2000] FCA 496

Hoang v The Queen [2000] FCA 496

The Federal Court has power under s 50 of the Federal Court of Australia Act to make a suppression order pending appeal, where the absence of such an order would destroy the subject matter of the appeal and prejudice the administration of justice. As the applicant's grounds raise serious issues regarding construction and exercise of s 83 of the Evidence Act 1971 (ACT), it is appropriate to make a temporary suppression order and prohibit inspection of appeal documents until the Full Court can determine the matter.

Parties
Applicant: Nhan Van Hoang; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
07 April 2000
Procedural Posture
Appeal / Interlocutory (urgent Application for Suppression Order Pending Appeal From Single Judge of ACT Supreme Court)
Outcome
Suppression order granted pending appeal; application and appeal referred to Full Court.
Legal Topics
Suppression of Evidence, Publication Orders, Appellate Jurisdiction, Leave to Appeal
Practice and Procedure Evidence Suppression of Evidence Publication Orders Appellate Jurisdiction Leave to Appeal

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Parties

Nhan Van Hoang

Applicant

The Queen

Respondent

Procedural Posture

Appeal / Interlocutory (urgent Application for Suppression Order Pending Appeal From Single Judge of ACT Supreme Court)

Legal Issues

  1. 1 Whether the Federal Court has power to forbid publication of evidence pending appeal in these circumstances
  2. 2 Proper interpretation and application of s 83 of the Evidence Act 1971 (ACT)
  3. 3 Appropriate exercise of discretion under s 83 to suppress publication

Ratio Decidendi

The Federal Court has power under s 50 of the Federal Court of Australia Act to make a suppression order pending appeal, where the absence of such an order would destroy the subject matter of the appeal and prejudice the administration of justice. As the applicant's grounds raise serious issues regarding construction and exercise of s 83 of the Evidence Act 1971 (ACT), it is appropriate to make a temporary suppression order and prohibit inspection of appeal documents until the Full Court can determine the matter.

Court Disposition

Suppression order granted pending appeal; application and appeal referred to Full Court.

Orders

  • Publication of evidence given by the applicant, Nhan Van Hoang, and by Detective Constable Jamieson before Miles CJ on 6 April 2000 is forbidden.
  • Inspection in the Registry of the application for leave to appeal, and the draft notice of appeal if appended thereto, is prohibited.