R v Reid (No. 1) [2021] NSWSC 170

R v Reid (No. 1) [2021] NSWSC 170

The application for access was declined because fair reporting of what occurred in open court did not require provision of the requested exhibits, and the cumulative circumstances included likely significant distress to surviving family members from wide publication of the statement of facts and psychiatric reports, as well as the need for caution because the material intertwined with issues of self-harm and suicide.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Criminal Sentencing Hearing; Media Application for Access to Exhibits / Procedural Ruling During Sentencing Hearing After Guilty Pleas to Manslaughter by Reason of Substantial Impairment
Outcome
Application made by media representatives for access to the specified exhibits is declined.
Legal Topics
['manslaughter' 'substantial Impairment' 'application by Media for Access to Exhibits' 'victim Impact Statements' 'psychiatric and Psychological Evidence' 'risk of Harm From Publication' 'self Harm and Suicide Content']
['criminal Law' 'open Justice' 'media Access to Court Exhibits'] ['manslaughter' 'substantial Impairment' 'application by Media for Access to Exhibits' 'victim Impact Statements' 'psychiatric and Psychological Evidence' 'risk of Harm From Publication' 'self Harm and Suicide Content']

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Procedural Posture

Criminal Sentencing Hearing; Media Application for Access to Exhibits / Procedural Ruling During Sentencing Hearing After Guilty Pleas to Manslaughter by Reason of Substantial Impairment

Legal Issues

  1. 1 ['Whether media representatives should be granted access to documentary exhibits tendered in open court, including the statement of facts, written submissions, victim impact statements, and psychiatric and psychological reports.' 'Whether the open justice principle and the ability to fairly report the proceedings required access to the specified exhibits.' 'Whether the risk of significant distress to surviving family members and the presence of self-harm and suicide-related material justified declining access.']

Ratio Decidendi

The application for access was declined because fair reporting of what occurred in open court did not require provision of the requested exhibits, and the cumulative circumstances included likely significant distress to surviving family members from wide publication of the statement of facts and psychiatric reports, as well as the need for caution because the material intertwined with issues of self-harm and suicide.

Court Disposition

Application made by media representatives for access to the specified exhibits is declined.

Orders

  • ['The application made by media representatives for access to the specified exhibits is declined.']