R v Coss (No 4) [2022] NSWSC 794

R v Coss (No 4) [2022] NSWSC 794

Because the determination granting a suppression order indicated matters of sensitivity concerning the Commissioner's public interest immunity concerns, it was appropriate to grant prayers 8, 9 and 10 of the Commissioner's motion, including temporary non-publication of the transcript, leave to seek redactions, and return of confidential materials.

Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Criminal Procedure Ruling in Murder Trial / Notice of Motion During Judge Alone Trial
Outcome
Commissioner's motion granted in part; non-publication and related confidentiality orders made.
Legal Topics
['judge Alone Trial' 'murder' 'public Interest Immunity' 'non Publication Order' 'suppression Order' 'transcript Redactions']
['criminal Procedure'] ['judge Alone Trial' 'murder' 'public Interest Immunity' 'non Publication Order' 'suppression Order' 'transcript Redactions']

Case Brief

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Procedural Posture

Criminal Procedure Ruling in Murder Trial / Notice of Motion During Judge Alone Trial

Legal Issues

  1. 1 ['Whether orders should be made restricting publication of the trial transcript beyond the parties, the Commissioner and their legal representatives for seven days following conclusion of the trial.' 'Whether the Commissioner should be granted leave to seek redactions to the transcript after conclusion of the trial.' "Whether confidential affidavits or submissions relied on by the Commissioner should be returned to the Commissioner's legal representatives at the conclusion of the trial."]

Ratio Decidendi

Because the determination granting a suppression order indicated matters of sensitivity concerning the Commissioner's public interest immunity concerns, it was appropriate to grant prayers 8, 9 and 10 of the Commissioner's motion, including temporary non-publication of the transcript, leave to seek redactions, and return of confidential materials.

Court Disposition

Commissioner's motion granted in part; non-publication and related confidentiality orders made.

Orders

  • ['There be no publication of the transcript of the proceedings in the matter of R v Coss for trial currently before me beyond the parties to the proceedings, the Commissioner, and their legal representatives for a period of seven days following the conclusion of the trial.' 'The Commissioner is granted leave to...