Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Saliba (No 2) (Judge alone application) [2025] NSWSC 155 Hearing dates: 27 February and 3 March 2025 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Common Law Before: Hamill J Decision: (1) In the murder trial of the accused, Dominic Saliba, I make a trial by judge order pursuant to s 132 of the Criminal Procedure Act 1986 (NSW).
(2) Confirm the trial is listed before Yehia J in Nowra on Monday 10 March 2025.
(3) Direct the Registrar and/or Supreme Court Media Liaison Officer to contact Channel 7 and the Daily Telegraph to advise them, with the Court’s gratitude, that the items taken down voluntarily from their websites and social media platforms may be re-published once the trial commences before Yehia J next week.
Catchwords: CRIMINAL LAW – application for trial by judge alone – relevant considerations – relevance of mainstream and social media items – extent to which prejudice capable of being cured by direction and vetting of jury panel – where self-defence likely to be raised – extent to which “reasonableness” and application of community standards will apply – facial tattoos – where tattooing patent – where tattoos depict knives or scythes – where death caused by stabbing – whether prejudice capable of being cured by direction – relevance of academic studies close to ten years old – where interests of justice lie
Legislation Cited: Crimes Act 1900 (NSW), s 421
Criminal Procedure Act 1986 (NSW), s 132, 132(4), 132(5), 132(6), 132A
Cases Cited: Arthurs v Western Australia [2007] WASC 182
Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15
Kingswell v The Queen (1985) 159 CLR 264; [1985] HCA 72
R v Belghar [2012] NSWCCA 86; (2012) 217 A Crim R 1
R v GSR (No 3) [2011] NSWDC 17
R v Qaumi & Ors (No 14) (Judge alone application) [2016] NSWSC 274; (2016) 265 A Crim R 575
R v Qaumi & Qaumi [2016] NSWSC 1473
R v Simmons; R v Moore (No 4) [2015] NSWSC 259; (2015) 249 A Crim R 120
Texts Cited: F Funk and A Todorov, “Criminal Stereotypes in the Courtroom: Facial Tattoos Affect Guilt and Punishment Differently” (2013) 19(4) Psychology, Public Policy, and Law 466
K Brown, B McKimmie and T Zarkadi, “The Defendant with the Prison Tattoo: The Effect of Tattoos on Mock Jurors’ Perceptions” (2018) 25(3) Psychiatry, Psychology and Law 386
Lord Devlin, Trial by Jury (rev ed, 1966)
Category: Procedural rulings Parties: Dominic Saliba (Applicant)
The King (Respondent)Representation: Counsel:
Solicitors:
R Khalilizadeh (Applicant)
K Ratcliffe (Respondent)
Hugo Law Group (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2022/00386498 Publication restriction: N/A
JUDGMENT
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The accused, Dominic Saliba, seeks an order under s 132 of the Criminal Procedure Act 1986 (NSW) for a “trial…
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- Case
- [2025] NSWSC 155
- Decision Date
CaseChat Overview and Summary
The court considered several factors, including the relevance of media reports and the extent to which such prejudice could be cured. The judge examined whether the community standards of reasonableness would apply to the defendant's case, given the likely invocation of self-defence. The court also assessed the significance of academic studies, albeit slightly outdated, concerning the impact of such visual cues on jury perceptions. Ultimately, the court determined that while the prejudice was substantial, it was not insurmountable. Directions to the jury and careful selection could adequately address the concerns, ensuring a fair trial. Therefore, the application for a trial by judge alone was dismissed.
The court emphasised the need for a balanced approach, weighing the defendant's right to a fair trial against the potential for prejudice. It concluded that the interests of justice were best served by proceeding with a jury trial, provided that robust measures were taken to manage any prejudice. The court ordered that specific directions would be given to the jury, and the selection process would be closely monitored to mitigate any prejudicial effects.
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