SG v DPP [2003] NSWCA 128

SG v DPP [2003] NSWCA 128

Leave to appeal was refused because, although the Court accepted that it has power to grant injunctive and other relief to protect the integrity and fairness of a criminal trial, the claimant's murder trial would not occur for at least 10 months and there was not, at that stage, a sufficient threat to the integrity and fairness of the future trial to warrant interlocutory relief.

Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal
Outcome
Leave to appeal refused. Summons dismissed with costs.
Legal Topics
['restraint of Pre Trial Publicity' 'fairness and Integrity of Criminal Trial' 'interlocutory Relief' 'leave to Appeal']
['contempt of Court' 'criminal Procedure'] ['restraint of Pre Trial Publicity' 'fairness and Integrity of Criminal Trial' 'interlocutory Relief' 'leave to Appeal']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in relation to interlocutory relief to restrain pre-trial publicity.' "Whether there was a sufficient threat to the integrity and fairness of the claimant's future criminal trial to warrant interlocutory relief." 'Whether the Court has power to grant injunctive and other relief to protect the integrity and fairness of a criminal trial.']

Ratio Decidendi

Leave to appeal was refused because, although the Court accepted that it has power to grant injunctive and other relief to protect the integrity and fairness of a criminal trial, the claimant's murder trial would not occur for at least 10 months and there was not, at that stage, a sufficient threat to the integrity and fairness of the future trial to warrant interlocutory relief.

Court Disposition

Leave to appeal refused. Summons dismissed with costs.

Orders

  • ['Leave to appeal is refused.' 'The summons is dismissed with costs.' "The undertaking of the claimant's solicitor to file the summons for leave to appeal has been noted."]