NSW Caselaw
(2006) 65 NSWLR 573 Reported Decision : 199 FLR 288 171 A Crim R 448
New South Wales Court of Criminal Appeal
CITATION: LODHI v REGINA [2006] NSWCCA 101
HEARING DATE(S): 24 March 2006
JUDGMENT DATE: 4 April 2006
JUDGMENT OF: Spigelman CJ at 1; McClellan CJ at CL at 2; Sully J at 38
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal arising from orders made - prohibition of disclosure of information - national security - whether appropriate balancing and weighing exercise - operational capacity of ASIO - dealings with witnesses - dealings with other intelligence and security services - protective orders - right to a fair trial - open justice - risk of unfair prejudice resulting from need to interrupt hearing and close the court - weight to be given to release of the transcript
Australian Security Intelligence Organisation Act 1979 LEGISLATION CITED: Criminal Code 1995 Crimes Act 1914 (Cth)
Jarvie & Anor v Magistrates Court of Victoria at Brunswick & Ors [1995] 1 VR 84 CASES CITED: John Fairfax Group Pty Ltd & Anor v Local Court of New South Wales & Ors (1991) 26 NSWLR 131 John Fairfax Publications Pty Limited & Anor v District Court of New South Wales & Ors (2004) 61 NSWLR 344
Faheem Khalid Lodhi (Appl) PARTIES: Commonwealth Crown Attorney-General of the Commonwealth
FILE NUMBER(S): CCA 20006/681
P Boulten SC/T D Lange (Appl) COUNSEL: R Maidment SC/G J Bellew (Cth Crown) H Burmester QC/T Begbie/G Del Villar (Attorney-General of the Cth)
Michael Doughty (Appl) SOLICITORS: Commonwealth Director of Public Prosecutions (CthCrown) Australian Government Solicitor (Attorney-General of the Cth)
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