Elzahed v Kaban [2019] NSWSC 670

Supreme Court New South Wales

Medium Neutral Citation: Elzahed v Kaban [2019] NSWSC 670 Hearing dates: 10 and 11 April 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Dismiss the plaintiff's appeal against conviction. (2) Adjourn the plaintiff's appeal against her sentence to a date to be fixed. Catchwords: ADMINISTRATIVE LAW – judicial review – whether Solicitor-General validly authorised proceedings against plaintiff – whether mandatory considerations should be implied – no error in Solicitor-General's decision

CRIME – appeals – appeal against conviction – where plaintiff convicted of an omission – whether plaintiff under a legal duty to perform the omitted act – whether statute creates the legal duty to perform the omitted act

CRIME – appeals – appeal against conviction – whether magistrate erred as to the elements of the offence

CRIME – appeals – appeal against conviction – whether magistrate erred in finding that plaintiff intended to communicate disrespect – whether magistrate's expression of a view on an irrelevant matter constitutes error of law

CRIME – appeals – appeal against conviction – whether magistrate erred in finding that plaintiff's behaviour was disrespectful to the judge – whether magistrate's expression of a view on an irrelevant matter constitutes error of law

CRIME – appeals – appeal against conviction – whether magistrate erred in finding that there was no evidence that plaintiff held a relevant religious belief – whether magistrate's finding is relevant to whether plaintiff's conviction is unsafe