R v Cliff (No 3) [2018] NSWSC 129

R v Cliff (No 3) [2018] NSWSC 129

The application for media access to MFI 6 and MFI 7 is refused because the principles and authorities binding the court restrict even the jury’s access to such materials, and the media cannot have greater access than the jury. The open justice principle does not create an absolute right to access court materials, and the court's power to control its processes, as consistently exercised, justifies refusal.

Parties
Crown: Regina; Accused: Bryce Cliff
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Criminal Trial / Procedural Application During Trial
Outcome
Application for media access refused
Legal Topics
Media Access, Open Justice, Audio Visual Evidence, Court Process Control
Criminal Law Procedural Law Media Access Open Justice Audio Visual Evidence Court Process Control

Case Brief

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Parties

Regina

Crown

Bryce Cliff

Accused

Procedural Posture

Criminal Trial / Procedural Application During Trial

Legal Issues

  1. 1 Whether media organisations should be granted access to audio-visual evidence (MFI 6) and its transcript (MFI 7) used during the trial
  2. 2 Application of the open justice principle to requests for media access to material used in court

Ratio Decidendi

The application for media access to MFI 6 and MFI 7 is refused because the principles and authorities binding the court restrict even the jury’s access to such materials, and the media cannot have greater access than the jury. The open justice principle does not create an absolute right to access court materials, and the court's power to control its processes, as consistently exercised, justifies refusal.

Court Disposition

Application for media access refused

Orders

  • Application for media access to MFI 6 and MFI 7 refused