Criminal Law — application to stay criminal proceedings pending application for special leave to appeal from Obeid v R [2015] NSWCCA 309 — effect of stay would be to cause significant delay in criminal trial — approach to application — same approach as that of intermediate court of criminal appeal considering stay pending application for special leave — factors — R v Elliot — delay in criminal trial as a result of interlocutory appeal is per se prejudicial — assessment of prospects of special leave — proposed questions concern jurisdiction and whether parliamentarian is a public officer for purposes of common law offence of wilful misconduct in public office — nevertheless prospects of special leave being granted very low — applicant unlikely to be successful in appeal — points available if applicant convicted — prejudice to applicant if application not granted — no substantial effect on legal rights — will endure stress and potential reputational damage — less weight attributed to that effect compared with delay to trial — application dismissed
Case Details
Citation[2015] NSWSC 1967
CourtNSWSC
JurisdictionNew South Wales
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