R v AB (No. 2) [2018] NSWCCA 148

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v AB (No. 2) [2018] NSWCCA 148 Hearing dates: 5 July 2018 and on the papers in relation to some of the relief sought Date of orders: 20 July 2018 Decision date: 20 July 2018 Before: Meagher JA at [1]; Rothman J at [1]; Garling J at [1] Decision: 1. Grant leave to AB to make an application under r 50C of the Criminal Appeal Rules (NSW). 2. Dismiss paragraphs 1, 2, 4, 5, 6, 7, 8 and 11 of AB's notice of motion filed on 13 June 2018. 3. Vacate order 1 made by Simpson AJA, Bellew and Wilson JJ on 6 June 2018 and instead order that the orders of this Court made on 6 June 2018 be stayed until 5pm on Monday, 30 July 2018 or until the High Court grants or refuses a stay of those orders, whichever (of the expiry of that period and the High Court's determination) first occurs. Catchwords: CRIME – where respondent convicted of historic sexual offences – where Court of Criminal Appeal set aside orders of District Court under Court Suppression and Non-publication Orders Act 2010 (NSW) in relation to identity of respondent – application under Criminal Appeal Rules (NSW), r 50C to set aside orders on appeal – whether Court misapprehended facts – whether respondent denied opportunity to address particular issue – whether Court overlooked evidence and submissions regarding respondent's psychological safety – no ground for re-opening appeal made out

CRIME – application for stay of orders pending determination of application for special leave to appeal – assessment no realistic prospects special leave be granted – fact of application for special leave alone not warrant stay, notwithstanding refusal will result in application being of no utility