Dhankhar v R [2023] NSWCCA 67

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dhankhar v R [2023] NSWCCA 67 Hearing dates: 07 March 2023 Date of orders: 07 March 2023 Decision date: 29 March 2023 Before: Payne JA at [1] Garling J at [5] Yehia J at [56] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL PROCEDURE — suppression and non-publication orders — appeal against decision not to make non-publication order — where applicant is alleged to have committed a series of offences — where applicant applied for suppression and non-publication orders in relation to his name and his wife's name — where applicant claimed that the orders were necessary to protect his safety, his wife's safety and the safety of family members — where applicant relied on evidence in relation to his and his wife's cultural background and circumstances — where applicant and his wife belonged to the Jat community originating from the Indian subcontinent — where persons whose safety was said to be at risk were located in Australia and India — whether orders "necessary to protect the safety of any person" — "calculus of risk" approach — appeal dismissed Legislation Cited: Crimes Act 1900 Court Suppression and Non-publication Orders Act 2010 Cases Cited: AB v R (No 3) (2019) 276 A Crim R 443; [2019] NSWCCA 1046 Burrell v R [2008] NSWCCA 276 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52 John Fairfax & Sons Pty Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v District Court (NSW) [2004] NSWCA 324 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512; [2005] NSWCA 101 Liu v Fairfax Media Publications Pty Ltd [2018] NSWCCA 159 Liu v Fairfax Media Publications Pty Ltd [2018] NSWCCA 159 Nagi v DPP (NSW) [2009] NSWCCA 197 R v A1 (No 1) [2019] NSWSC 611 Texts Cited: Not Applicable Category: Principal judgment Parties: Balesh Dhankhar (Applicant) The Crown (Respondent) Representation: Counsel: L Fernandez (Applicant) G A Newton SC with J Styles (Respondent)