El-Ali v Commonwealth Director of Public Prosecutions [2015] NSWCA 255

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Ali v Commonwealth Director of Public Prosecutions [2015] NSWCA 255 Hearing dates: 20 August 2015 Date of orders: 20 August 2015 Decision date: 27 August 2015 Before: Simpson JA Decision: Notice of Motion filed 20 August 2015 is dismissed. Catchwords: APPLICATION FOR STAY - stay of committal proceedings in the Local Court pending application for leave to appeal to Court of Appeal - proceedings considerably delayed - no merit in arguments for granting stay - grounds of appeal foredoomed to failure - stay refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(a) Criminal Procedure Act 1986 (NSW), s 61 Director of Public Prosecutions Act 1983 (Cth), s 6(1)(m) Supreme Court Act 1970 (NSW), s 69 Cases Cited: R v Dexter [2002] QCA 540; 136 A Crim R 276 Category: Principal judgment Parties: Khoder El-Ali (Applicant) Commonwealth Director of Public Prosecutions (First Respondent) Local Court of NSW (Second Respondent) Representation: Counsel: P Lange (Applicant) H Dhanji SC (First Respondent) No appearance (Second Respondent)

Solicitors: Hanna Legal (Applicant) Commonwealth Director of Public Prosecutions (First Respondent) Submitting appearance (Second Respondent) File Number(s): 2015/243557 Decision under appeal Court or tribunal: Supreme Court Citation: El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134 Date of Decision: 19 August 2015 Before: Bellew J File Number(s): 2015/188030