R v Martinez; R v Tortell (No. 7) [2020] NSWSC 361

R v Martinez; R v Tortell (No. 7) [2020] NSWSC 361

The Supreme Court, when exercising criminal jurisdiction in connection with a pending murder trial, has no jurisdiction to order costs in favour of a media organisation opposing a suppression/non-publication order, due to the absence of a statutory basis authorising such an order in criminal proceedings; the application for costs must accordingly be dismissed.

Parties
Prosecutor: Regina (Crown); Accused: Wade Martinez; Accused: Jake Tortell; Other (media Organisation): Fairfax Digital Australia and New Zealand Pty Limited
Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Criminal / Application for Costs Following Unsuccessful Pretrial Application for Suppression/non Publication Orders
Outcome
application for costs withdrawn and dismissed
Legal Topics
Costs in Criminal Proceedings, Suppression and Non Publication Orders, Jurisdiction to Order Costs, Media Intervention
Criminal Procedure Costs in Criminal Proceedings Suppression and Non Publication Orders Jurisdiction to Order Costs Media Intervention

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Parties

Regina (Crown)

Prosecutor

Wade Martinez

Accused

Jake Tortell

Accused

Fairfax Digital Australia and New Zealand Pty Limited

Other (media Organisation)

Procedural Posture

Criminal / Application for Costs Following Unsuccessful Pretrial Application for Suppression/non Publication Orders

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to make a costs order in favour of a media organisation against the accused in criminal proceedings after unsuccessful application for suppression/non-publication orders

Ratio Decidendi

The Supreme Court, when exercising criminal jurisdiction in connection with a pending murder trial, has no jurisdiction to order costs in favour of a media organisation opposing a suppression/non-publication order, due to the absence of a statutory basis authorising such an order in criminal proceedings; the application for costs must accordingly be dismissed.

Court Disposition

application for costs withdrawn and dismissed

Orders

  • The application for costs by Fairfax Digital Australia and New Zealand Pty Limited is withdrawn and dismissed.