R v Brewer (No 1) [2015] NSWSC 1471

R v Brewer (No 1) [2015] NSWSC 1471

Application for media access to CCTV footage of the altercation and deceased's final moments was refused due to significant likelihood of increased grief and distress to the deceased's family, outweighing the open justice principle. Application for access to footage of the accused's arrest was granted as potential embarrassment to the accused did not outweigh open justice, and no prejudice to the accused was found given the trial was before a judge alone.

Jurisdiction
Australia
Judgment Date
06 October 2015
Procedural Posture
Criminal / Application for Media Access to Evidence During Murder Trial Before Judge Alone
Outcome
Application for access to CCTV footage of altercation and death refused; application for access to CCTV footage of accused's arrest granted.
Legal Topics
['media Access to Court Evidence' 'open Justice' 'suppression of Evidence']
['criminal Law' 'procedure'] ['media Access to Court Evidence' 'open Justice' 'suppression of Evidence']

Case Brief

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Procedural Posture

Criminal / Application for Media Access to Evidence During Murder Trial Before Judge Alone

Legal Issues

  1. 1 ['Whether media outlets should be granted access to CCTV footage tendered in a murder trial' "Balancing the interests of open justice with potential distress to the deceased's family"]

Ratio Decidendi

Application for media access to CCTV footage of the altercation and deceased's final moments was refused due to significant likelihood of increased grief and distress to the deceased's family, outweighing the open justice principle. Application for access to footage of the accused's arrest was granted as potential embarrassment to the accused did not outweigh open justice, and no prejudice to the accused was found given the trial was before a judge alone.

Court Disposition

Application for access to CCTV footage of altercation and death refused; application for access to CCTV footage of accused's arrest granted.

Orders

  • ["Application for media access to footage of altercation and deceased's last moments refused." "Application for media access to footage of accused's arrest granted."]