R v Obeid (No 8) [2016] NSWSC 388

R v Obeid (No 8) [2016] NSWSC 388

Because Gageler J's High Court non-publication order expired without any application to vary it, and because reporting of the aborted trial together with publication of Obeid v The Queen [2016] HCA 9 had already published sufficient details of the earlier judgments, the remaining basis for the existing non-publication orders had been removed and they should be set aside.

Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Procedural Ruling in Criminal Proceedings Concerning Non Publication Orders / Determination Whether Existing Non Publication Orders Should Be Set Aside After Expiry of a High Court Non Publication Order and Publication of Related Reasons
Outcome
The non-publication orders were set aside.
Legal Topics
['non Publication Orders' 'suppression and Non Publication Orders' 'jury Prejudice' 'publication of Judgments on Caselaw']
['criminal Law' 'criminal Procedure'] ['non Publication Orders' 'suppression and Non Publication Orders' 'jury Prejudice' 'publication of Judgments on Caselaw']

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Procedural Posture

Procedural Ruling in Criminal Proceedings Concerning Non Publication Orders / Determination Whether Existing Non Publication Orders Should Be Set Aside After Expiry of a High Court Non Publication Order and Publication of Related Reasons

Legal Issues

  1. 1 ['Whether non-publication orders over earlier interlocutory judgments should be set aside because the basis for them no longer remained.' 'Whether the relevant judgments should be placed on Caselaw after the non-publication orders were lifted.']

Ratio Decidendi

Because Gageler J's High Court non-publication order expired without any application to vary it, and because reporting of the aborted trial together with publication of Obeid v The Queen [2016] HCA 9 had already published sufficient details of the earlier judgments, the remaining basis for the existing non-publication orders had been removed and they should be set aside.

Court Disposition

The non-publication orders were set aside.

Orders

  • ['The non-publication orders made under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) in respect of R v Obeid (No 2) [2015] NSWSC 1380, Obeid v The Queen [2015] NSWCCA 309, R v Obeid (No 5) [2015] NSWSC 1967 and R v Obeid (No 3) [2015] NSWSC 1441 be set aside.']