R (Commonwealth) v Mark William Standen [2011] NSWSC 1040

R (Commonwealth) v Mark William Standen [2011] NSWSC 1040

Because fair and accurate media reporting of telecommunications intercept evidence lawfully given in an exempt proceeding is impliedly authorised by section 74, providing electronic or documentary copies of evidence already given in open court to assist such reporting is also impliedly protected and does not contravene section 63. Under section 45(4) of the Surveillance Devices Act, information lawfully disclosed in open court may also be used, recorded, communicated or published without offending that Act.

Jurisdiction
Australia
Judgment Date
21 March 2011
Procedural Posture
Common Law Criminal / Interlocutory Application During Trial
Outcome
The proposed procedure can be implemented in relation to the telecommunications intercept evidence and conversations recorded by surveillance devices.
Legal Topics
['access by Media to Evidence Adduced in Open Court' 'telecommunications Intercept Evidence' 'lawfully Obtained Information' 'implied Authorisation Under Section 74' 'protected Information Disclosed in Open Court']
['criminal Law' 'evidence' 'telecommunications Interception' 'surveillance Devices' 'open Justice and Media Access'] ['access by Media to Evidence Adduced in Open Court' 'telecommunications Intercept Evidence' 'lawfully Obtained Information' 'implied Authorisation Under Section 74' 'protected Information Disclosed in Open Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether providing electronic or documentary copies of telecommunications intercept evidence to the media after that evidence has been adduced in open court would contravene the Telecommunications (Interception and Access) Act 1979, Commonwealth.' 'Whether the proposed procedure could be implemented in relation to conversations recorded by listening devices or surveillance devices under section 45 of the Surveillance Devices Act.']

Ratio Decidendi

Because fair and accurate media reporting of telecommunications intercept evidence lawfully given in an exempt proceeding is impliedly authorised by section 74, providing electronic or documentary copies of evidence already given in open court to assist such reporting is also impliedly protected and does not contravene section 63. Under section 45(4) of the Surveillance Devices Act, information lawfully disclosed in open court may also be used, recorded, communicated or published without offending that Act.

Court Disposition

The proposed procedure can be implemented in relation to the telecommunications intercept evidence and conversations recorded by surveillance devices.

Orders

  • ['The proposed arrangement would not involve any contravention of the Telecommunications (Interception and Access) Act 1979, Commonwealth, and can be implemented.' 'The proposed procedure can be implemented in relation to conversations that were recorded by surveillance devices.']