R v Abu-Mahmoud [2024] NSWCCA 21

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Abu-Mahmoud [2024] NSWCCA 21 Hearing dates: 19 February 2024 Date of orders: 28 February 2024 Decision date: 28 February 2024 Before: Harrison CJ at CL at [1]; Dhanji J at [56]; Huggett J at [60] Decision: The appeal is dismissed. Catchwords: APPEALS – criminal procedure – temporary stay of proceedings – where the Crown sought to rely on putatively privileged communications by a third party – where delay occurred because the question of whether privilege had been waived was not resolved when the third party was to give evidence – temporary stay of proceedings granted pending the Crown's payment of costs thrown away – whether decision of the Director of Public Prosecutions not to fund legal representation for the third party to resolve the privilege issue was an irrelevant consideration in granting the temporary stay – whether the Crown was at fault for the delay such that the principles of R v Mosely (1992) 28 NSWLR 735 applied – whether the accused suffered unfairness because of delays in resolving the privilege issue Legislation Cited: Crimes Act 1900 (NSW), s 319 Criminal Appeal Act 1912 (NSW), s 5F(2) Evidence Act 1995 (NSW), s 133 Cases Cited: House v The King [1936] HCA 40; (1936) 55 CLR 499 Petroulias v R [2007] NSWCCA 154 R v Abbas; R v Abu-Mahmoud (District Court (NSW) 22 November 2023, unrep) R v Abu-Mahmoud (District Court (NSW), 28 November 2023, unrep) R v Fisher (2003) 56 NSWLR 625; [2003] NSWCCA 41 R v Issakidis [2015] NSWSC 834 R v Mosely (1992) 28 NSWLR 735 Category: Principal judgment Parties: Rex (Appellant) Mohamed Abu-Mahmoud (Respondent) Representation: Counsel: M England (Appellant) M Kalyk (Respondent)