R v Chandler (No. 1) [2017] NSWSC 1565

R v Chandler (No. 1) [2017] NSWSC 1565

A temporary non-publication order was necessary because publicity of Mr Chandler's guilty plea to manslaughter would likely prejudice his forthcoming armed robbery jury trial and compromise the proper administration of justice, particularly where an earlier armed robbery trial had been aborted because of related publicity and the two proceedings were inextricably linked.

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Criminal Law / Application for Temporary Non Publication Order During Sentencing Proceedings After Guilty Plea to Manslaughter
Outcome
Application granted; temporary non-publication order made, later lifted on 4 July 2018.
Legal Topics
['manslaughter' 'armed Robbery Trial by Jury' 'open Justice' 'proper Administration of Justice' 'fair Trial Prejudice']
['criminal Law' 'suppression and Non Publication Orders'] ['manslaughter' 'armed Robbery Trial by Jury' 'open Justice' 'proper Administration of Justice' 'fair Trial Prejudice']

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Procedural Posture

Criminal Law / Application for Temporary Non Publication Order During Sentencing Proceedings After Guilty Plea to Manslaughter

Legal Issues

  1. 1 ['Whether publication of the fact that Mr Chandler pleaded guilty to manslaughter should be prohibited pending verdicts in his armed robbery trial by jury.' 'Whether the non-publication order should operate beyond New South Wales throughout the Commonwealth of Australia.']

Ratio Decidendi

A temporary non-publication order was necessary because publicity of Mr Chandler's guilty plea to manslaughter would likely prejudice his forthcoming armed robbery jury trial and compromise the proper administration of justice, particularly where an earlier armed robbery trial had been aborted because of related publicity and the two proceedings were inextricably linked.

Court Disposition

Application granted; temporary non-publication order made, later lifted on 4 July 2018.

Orders

  • ['An order is made under the Court Suppression and Non-Publication Orders Act 2010 prohibiting publication of the fact that Mr Chandler has pleaded guilty to the manslaughter of Tateolena Tauifaga.' "This order will operate until further order of the Court, with the expectation that the present order will be lifted...