In an Application by Bassam Hamzy

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

In an Application by Bassam Hamzy [2013] NSWCA 121

Hearing dates:

10 May 2013

Decision date:

10 May 2013

Before:

Basten JA

Decision:

(1) Direct that the solicitor acting on this application forthwith file the necessary summons to commence proceedings in this Court.

(2) Order that the evidence and transcript before Judge Zahra in the matter relating to the applicant not be disclosed or published in any form until further order of this Court or the Court of Criminal Appeal.

(3) Otherwise dismiss the application.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - criminal - sentencing proceedings completed - applicant obtained discount for assistance - sentencing judge lifted earlier suppression order - judgment delivered in open court - whether suppression order required to protect applicant

Legislation Cited:

Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7, 8
Crimes (Sentencing Procedure) Act 1999 (NSW), s 23
Supreme Court Act 1970 (NSW), s 69

Cases Cited:

Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125

Category:

Procedural and other rulings

Parties:

Bassam Hamzy (Applicant)

Representation:

Counsel:

P Lange (Applicant)
Solicitors:

Ali Abbas (Applicant)

File Number(s):

2013/151904

 Decision under appeal 

Jurisdiction:

9101

Date of Decision:

2013-05-10 00:00:00

Before:

Zahra DCJ

File Number(s):

2009/135919

Judgment

1. BASTEN JA: On Friday 10 May 2012, the applicant sought (ex parte) urgent interim orders from this Court in circumstances to which reference will be made shortly. In substance, orders were sought under ss 7 and 8 of the Court Suppression and Non-Publication Orders Act2010 (NSW) and related to criminal proceedings which had concluded with sentences being imposed in the District Court in the early afternoon of 10 May, the day the application was made. No evidence was placed before this Court, which was required to act on the basis of statements from counsel.

1. The District Court proceedings involved the sentencing of the applicant on a number of charges in circumstances where he had provided assistance to the authorities for which he was granted a discount under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW). During the course of the hearing in the District Court, non-publication orders were in force, which were lifted when judgment was delivered.

1. The matter came before the Court of Appeal on the basis that there is an appeal from the District Court under s 14 of the Court Suppression Orders Act, although that appeal will go to the Court of Criminal Appeal in due course, if it is pursued, pursuant to the approach adopted in Fairfax…