NAGI v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) [2009] NSWCCA 197

New South Wales Court of Criminal Appeal

CITATION: NAGI v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) [2009] NSWCCA 197

HEARING DATE(S): 24 July 2009

JUDGMENT DATE: 4 August 2009

JUDGMENT OF: Basten JA at 1; Hulme J at 58; Johnson J at 59

DECISION: (1) Grant the applicant leave to appeal from the interlocutory judgment or order of Bennett DCJ made on 3 June 2009, setting aside the order proscribing the publication of the applicant's status as a person suffering human immunodeficiency virus infection. (2) Dismiss the appeal.

CATCHWORDS: APPEALS – jurisdiction – interlocutory order – non-publication order impacting upon applicant – whether attracts appellate jurisdiction – Criminal Appeal Act 1912 (NSW), s 5F - CRIMINAL PROCEDURE – non-publication order – factors relevant to sentencing proceedings – confidential information relating to accused – tension between principle of open justice and other public interests – whether statutory basis for non-publication – whether prejudice sufficient to justify non-publication - PRACTICE & PROCEDURE – formal publication of orders – non-publication order – no formal publication of order staying operation of non-publication order – whether staying order to be inferred – uncertainty as to continued operation of non-publication order - WORDS & PHRASES – "non-publication order" – "open justice" – "proper administration of justice" – "JusticeLink"

Crimes (Appeal and Review Act 2001 (NSW), s 107, Pt 8 Criminal Appeal Act 1912 (NSW), s 5F LEGISLATION CITED: District Court Rules 1973 (NSW), r 12, Pt 53 Evidence Act 1995 (NSW), ss 126A, 126E, Pt 3.10, Div 1A Public Health Act 1991 (NSW), s 17

CATEGORY: Principal judgment