R v Obeid

Case [2015] NSWSC 897


Supreme Court


New South Wales

Medium Neutral Citation: R v Obeid [2015] NSWSC 897
Hearing dates: 26 June 2015
Decision date: 07 July 2015
Before: Johnson J
Decision:

Application for trial by Judge-alone refused

Catchwords: CRIMINAL LAW – application for judge alone trial – Applicant charged with wilful misconduct in public office – consideration of principles concerning applications for judge alone trial – whether extensive media publicity will adversely affect Applicant’s trial –steps available to mitigate impact of adverse media publicity – likely issues in the trial operate in favour of maintaining jury – application dismissed
Legislation Cited: Court Suppression and Non-publication Orders Act 2010
Crimes Act 1900
Criminal Procedure Act 1986
Jury Act 1977
Cases Cited: Arthurs v Western Australia [2007] WASC 182
Blackstock v R [2013] NSWCCA 172
Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; 83 NSWLR 52
Jamal v R [2012] NSWCCA 198
John Fairfax Publications Pty Ltd v District Court of NSW [2004] NSWCA 324; 61 NSWLR 344
Lloyd v McMahon [1987] AC 625
Montgomery v HM Advocate [2003] 1 AC 641
Potts v R [2012] NSWCCA 229; 227 A Crim R 217
Priest v State of New South Wales [2006] NSWSC 12
R v Abrahams [2013] NSWSC 729; 230 A Crim R 74
R v Jamal [2008] NSWCCA 177; 72 NSWLR 258
R v Jamal [2013] NSWDC 20
R v K [2013] NSWCCA 406; 59 NSWLR 431
R v McNeil [2015] NSWSC 357
R v McNeil (No. 2) [2015] NSWSC 757
R v Quach [2010] VSCA 106; 27 VR 310
R v Simmons and Moore (No. 4) [2015] NSWSC 259
R v Yuill (1993) 69 A Crim R 450
Skaf v R [2008] NSWCCA 303
Texts Cited: Chesterman, Chan and Hampton, “Managing Prejudicial Publicity - An Empirical Study of Criminal Jury Trials in New South Wales” (February 2001)
Category:Procedural and other rulings
Parties: Edward Moses Obeid (Applicant)
Regina (Respondent)
Representation:

Counsel:
Mr JS Stratton SC; Mr J Tunks (Applicant)
Mr PW Neil SC; Ms SF Beckett (Respondent)

   

Solicitors:
Breene & Breene Solicitors (Applicant)

  Office of the Director of Public Prosecutions (Respondent))
File Number(s): 2015/53925
Publication restriction: ---

Judgment

  1. JOHNSON J: By Notice of Motion filed on 19 May 2015, the Applicant, Edward Moses Obeid, makes application under s.132 Criminal Procedure Act 1986 to be tried by a Judge alone.

  2. The Crown does not agree to the Applicant being tried by a Judge alone. It is necessary for the Court to determine whether an order under s.132 should be made in the circumstances of the case.

The Charge Against the Applicant

  1. The Applicant has been charged with the common law offence of wilful misconduct in public office. On 8 May 2015, the Applicant was arraigned upon an indictment in the following terms:

“Between 1 August 2007 and 30 November 2007 in Sydney in the State of New South Wales, Edward Moses Obeid, then holding public office as a Member of the…

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AGLC
R v Obeid [2015] NSWSC 897
Case
[2015] NSWSC 897
Decision Date

CaseChat Overview and Summary

The applicant, Mr Obeid, sought to have his criminal trial for wilful misconduct in public office conducted by a judge alone, rather than by a jury. The application was dismissed by the court, which considered the principles surrounding such applications. The applicant argued that extensive media publicity surrounding the case would adversely affect his trial, potentially compromising the fairness of the proceedings. The court weighed this argument against the principles that generally favour trials by jury, considering the steps available to mitigate the impact of adverse media publicity and the likely issues in the trial.

The court examined the potential for prejudice arising from media coverage, considering whether a judge alone could adequately protect the applicant’s right to a fair trial. It also weighed the arguments in favour of maintaining a jury, including the community’s confidence in the criminal justice system and the symbolic value of a jury trial. The court determined that the likely issues in the trial operated in favour of maintaining the jury, and that the steps available to mitigate the impact of adverse publicity, such as jury sequestration and careful jury selection, were sufficient to ensure a fair trial.

Consequently, the application for a judge alone trial was dismissed. The court held that the principles concerning such applications did not favour the applicant's request, and that the likely issues in the trial, combined with the measures available to mitigate the impact of adverse media publicity, supported the continuation of the trial before a jury. The court’s decision underscored the importance of maintaining the jury system, while acknowledging the need to manage the impact of media coverage on criminal proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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