R v Obeid (No 5) [2015] NSWSC 1967

R v Obeid (No 5) [2015] NSWSC 1967

The application for a stay pending special leave to appeal is dismissed because the delay occasioned to the criminal trial would be substantially prejudicial to both the prosecutorial process and the accused, prospects of success in the special leave application are very low, and points may be raised in appeal if convicted; exceptional circumstances for a stay are not established.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Criminal / Pre Trial Motion (application to Stay Proceedings Pending Special Leave to Appeal)
Outcome
application dismissed
Legal Topics
['stay of Proceedings' 'special Leave Applications' 'wilful Misconduct in Public Office' 'jurisdiction' 'public Office Definition' 'exclusive Cognisance']
['criminal Law'] ['stay of Proceedings' 'special Leave Applications' 'wilful Misconduct in Public Office' 'jurisdiction' 'public Office Definition' 'exclusive Cognisance']

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Procedural Posture

Criminal / Pre Trial Motion (application to Stay Proceedings Pending Special Leave to Appeal)

Legal Issues

  1. 1 ['Should a stay of criminal proceedings be granted pending an application for special leave to appeal to the High Court?' "Is a member of the Legislative Council a 'public officer' for purposes of the common law offence of wilful misconduct in public office?" 'Does the jurisdiction of the Court to entertain the charge infringe Article 9 of the Bill of Rights or the exclusive cognisance of Parliament?']

Ratio Decidendi

The application for a stay pending special leave to appeal is dismissed because the delay occasioned to the criminal trial would be substantially prejudicial to both the prosecutorial process and the accused, prospects of success in the special leave application are very low, and points may be raised in appeal if convicted; exceptional circumstances for a stay are not established.

Court Disposition

application dismissed

Orders

  • ['The notice of motion filed 14 December 2015 be dismissed.' 'Pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), it being necessary to prevent prejudice to the proper administration of justice, this judgment is not to be published.']