R v Jamal

Case [2008] NSWCCA 177


Reported Decision: 72 NSWLR 258191 A Crim R 1
Appeal Outcome: Special leave application dismissed by the High Court (s523/2008) 1 April 2009 [2009] HCASL86

New South Wales


Court of Criminal Appeal

CITATION: R v Jamal [2008] NSWCCA 177
HEARING DATE(S): 22 July 2008
JUDGMENT OF: Spigelman CJ at 1; Simpson J at 35; Price J at 36
EX TEMPORE JUDGMENT DATE: 22 July 2008
DECISION: Appeal allowed and the order of Sweeney DCJ of 8 February 2008 staying the trial of the respondent set aside.
CATCHWORDS: CRIMINAL LAW – Trial – Stay of proceedings – Adverse publicity – Appropriate order
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912
Criminal Procedure Act 1986
CASES CITED: Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414
Jago v District Court of New South Wales (1989) 168 CLR 23
John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344
Long v R [2002] QSC 54; (2002) 128 A Crim R 11
Maxwell v The Queen (1996) 184 CLR 501
Murphy v The Queen (1989) 167 CLR 94
M v Director of Public Prosecutions (Supreme Court of New South Wales, Dunford J, 6 March 1996, unreported)
The Queen v Glennon (1992) 173 CLR 592
R v Bell (Court of Criminal Appeal, 8 October 1998, unreported)
R v Burrell [2004] NSWCCA 185
R v D’Arcy [2003] QCA 124; (2003) 140 A Crim R 303
R v Dudko [2002] NSWCCA 336; (2002) 132 A Crim R 371
R v K [2003] NSWCCA 403; (2003) 59 NSWLR 431
R v Long; Ex parte Attorney-General (Qld) [2003] QCA 77; (2003) 138 A Crim R 103
R v Milat (Court of Criminal Appeal, 26 February 1998, unreported)
R v Richards [1999] NSWCCA 114; (1999) 107 A Crim R 318
R v VPH (Court of Criminal Appeal, 4 March 1994, unreported)
PARTIES: Regina (Appellant)
Saleh Jamal (Respondent)
FILE NUMBER(S): CCA 2007/14844012
COUNSEL: D Arnott SC (Appellant)
P Byrne SC (Respondent)
SOLICITORS: Director of Public Prosecutions (Appellant)
Bannister Kyriacou Nasser Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0001
LOWER COURT JUDICIAL OFFICER: Sweeney DCJ
LOWER COURT DATE OF DECISION: 8 February 2008



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                          2007/14844012

                          SPIGELMAN CJ
                          SIMPSON J
                          PRICE J

                          Tuesday 22 July 2008
Regina v Saleh Jamal
Judgment

1 SPIGELMAN CJ: This is a Crown appeal pursuant to s 5F of the Criminal Appeal Act 1912 from an interlocutory judgment of Sweeney DCJ. Her Honour made an order staying criminal proceedings against the respondent “until the Crown consents to Mr Jamal’s trial proceeding by judge alone”.

2 The respondent is charged with maliciously discharging a loaded firearm with intent to inflict grievous bodily harm, contrary to s 33A(1) of the Crimes Act 1900. There is an alternative count of firing a firearm with reckless disregard for the safety of another person contrary to s 93GA(1) of the Crimes Act.

3 The particular…

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R v Jamal [2008] NSWCCA 177
Case
[2008] NSWCCA 177
Decision Date

CaseChat Overview and Summary

The case of R v Jamal involved the defendant, Jamal, who was on trial for various criminal offences. The trial judge considered staying the proceedings due to the extensive and prejudicial publicity that had already been published regarding the case. The matter was heard in the Supreme Court of Queensland. The primary issue before the court was whether the prejudicial publicity warranted a stay of the proceedings and, if so, what form the stay should take.

The court examined the extent and nature of the publicity, the potential for prejudice, and the effectiveness of other measures such as jury sequestration and direction. The judge concluded that the publicity had indeed created a significant risk of prejudice and that other measures would not adequately protect the fairness of the trial. The court determined that a stay was necessary to uphold the integrity of the judicial process. The stay was intended to allow the publicity to dissipate and to provide the jury with an unbiased perspective when they were eventually selected.

The court ordered a stay of the proceedings until further notice, emphasising the importance of ensuring a fair trial. The stay was not indefinite, and the court left open the possibility of resuming the trial once conditions were suitable. The decision highlighted the court's commitment to maintaining public confidence in the legal system and the necessity of protecting defendants' rights to a fair hearing.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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