R v Karimi; R v Khoury; R v Mir (No. 5) [2013] NSWSC 232

R v Karimi; R v Khoury; R v Mir (No. 5) [2013] NSWSC 232

The application by media representatives for access to the '000' call exhibits to broadcast during the ongoing jury trial was refused, as the Court found that broadcast would likely heighten emotional reporting of the trial and risk distracting or prejudicing the jury, outweighing open justice considerations at this stage.

Jurisdiction
Australia
Judgment Date
20 March 2013
Procedural Posture
Criminal / Jury Trial Interlocutory Application (media Request)
Outcome
Media application for copies of '000' call exhibits to broadcast during trial refused.
Legal Topics
['media Access to Evidence' 'jury Trial' 'home Invasion' 'murder' 'open Justice']
['criminal Law' 'procedure'] ['media Access to Evidence' 'jury Trial' 'home Invasion' 'murder' 'open Justice']

Case Brief

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Procedural Posture

Criminal / Jury Trial Interlocutory Application (media Request)

Legal Issues

  1. 1 ["Should the media be granted access to electronic copies of '000' calls for broadcast during the trial?"]

Ratio Decidendi

The application by media representatives for access to the '000' call exhibits to broadcast during the ongoing jury trial was refused, as the Court found that broadcast would likely heighten emotional reporting of the trial and risk distracting or prejudicing the jury, outweighing open justice considerations at this stage.

Court Disposition

Media application for copies of '000' call exhibits to broadcast during trial refused.

Orders

  • ["Application for media access to electronic copies of Exhibits L and M (the '000' calls) for broadcast during the trial is declined for the balance of the trial."]