R v Thomas Sam; R v Manju Sam (No. 16) [2009] NSWSC 544

R v Thomas Sam; R v Manju Sam (No. 16) [2009] NSWSC 544

Release of photographs 7 to 17 would undermine the dignity and respect to which the deceased victim remains entitled; non-release is reasonably required in the interests of administration of justice. However, photographs 1 to 6 do not undermine such dignity and may be released to the media to facilitate fair and accurate reporting.

Parties
Prosecution: Regina (Crown); Offender: Thomas Sam; Offender: Manju Sam
Jurisdiction
Australia
Judgment Date
09 June 2009
Procedural Posture
Criminal / Post Verdict Application (media Access to Exhibits)
Outcome
Application granted in part and declined in part.
Legal Topics
Manslaughter by Criminal Negligence, Open Justice Principle, Media Access to Court Exhibits, Protection of Victim Dignity
Criminal Law Criminal Procedure Manslaughter by Criminal Negligence Open Justice Principle Media Access to Court Exhibits Protection of Victim Dignity

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Parties

Regina (Crown)

Prosecution

Thomas Sam

Offender

Manju Sam

Offender

Procedural Posture

Criminal / Post Verdict Application (media Access to Exhibits)

Legal Issues

  1. 1 Whether certain photographs (exhibits) of the deceased victim may be released to the media for publication or broadcast after trial verdicts have been delivered.

Ratio Decidendi

Release of photographs 7 to 17 would undermine the dignity and respect to which the deceased victim remains entitled; non-release is reasonably required in the interests of administration of justice. However, photographs 1 to 6 do not undermine such dignity and may be released to the media to facilitate fair and accurate reporting.

Court Disposition

Application granted in part and declined in part.

Orders

  • Application granted for photographs 1 to 6 in Exhibit B to be released to media interests for publication or broadcast.
  • Application declined with respect to photographs 7 to 17 in Exhibit B.