NAGI v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) (NO 2) [2009] NSWCCA 198

Appeal Outcome: Special leave refused by the High Court (s218/2009) 28 May 2010

New South Wales Court of Criminal Appeal

CITATION: NAGI v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) (NO 2) [2009] NSWCCA 198

HEARING DATE(S): 24 July 2009

JUDGMENT DATE: 4 August 2009

JUDGMENT OF: Basten JA at 1; Hulme J at 1; Johnson J at 1

(1) Stay the orders made in the principal judgment until the later of the following times:

(a) if no application for special leave to appeal to the High Court is filed and served (notwithstanding r 41.03.1 of the High Court Rules) within 28 days of pronouncement of this judgment, upon the expiration of that period; (b) if an application is filed and served in accordance with (a), the day on which the application is disposed of by the High Court.

(2) Whilst the orders in the principal judgment are stayed, publication of the principal judgment and orders is prohibited subject to the following exceptions:

DECISION: (a) such publication as is necessary for the further administration of justice in relation to the sentencing proceedings, the proceedings in this Court and any proceedings commenced in the High Court of Australia; (b) such other publication as may be made by or on behalf of the applicant, with his prior written consent.

(3) Grant liberty to the Director of Public Prosecutions and the applicant to apply to a judge of this Court for a variation of orders (1) and (2) above, on three days notice.

(4) Direct that any publication of the principal judgment and orders permitted under these orders, during the period for which the principal orders are stayed, be accompanied by a copy of this judgment.