R v Brian Lee (No.3) [2019] NSWSC 589

R v Brian Lee (No.3) [2019] NSWSC 589

Access to court exhibits was generally allowed consistently with open justice, but specified CCTV footage showing the Accused stabbing the deceased was suppressed because it was sensitive, gruesome, not essential to understanding the proceedings, and there was a public interest risk of inappropriate use that significantly outweighed open justice. The ERISP and allegation video footage were not made available because the Accused was shown while mentally ill and the ERISP would have been inadmissible if challenged.

Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Common Law Criminal / Applications by Media Organisations for Access to Exhibits Following Finding of Not Guilty of Murder on the Grounds of Mental Illness
Outcome
Access granted in part; specified CCTV footage suppressed and not published; liberty to apply granted to any interested party.
Legal Topics
['media Access to Exhibits' 'suppression and Non Publication Orders' 'open Justice' 'cctv Footage' 'erisp']
['criminal Law' 'court Procedure'] ['media Access to Exhibits' 'suppression and Non Publication Orders' 'open Justice' 'cctv Footage' 'erisp']

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Procedural Posture

Common Law Criminal / Applications by Media Organisations for Access to Exhibits Following Finding of Not Guilty of Murder on the Grounds of Mental Illness

Legal Issues

  1. 1 ['Whether media organisations should be granted access to the Statement of Agreed Facts, CCTV footage and videos of the Accused being interviewed at the police station.' 'Whether CCTV footage of the Accused stabbing the deceased should be suppressed and not published.' 'Whether video footage of the Accused responding to police questions should be made available for access.']

Ratio Decidendi

Access to court exhibits was generally allowed consistently with open justice, but specified CCTV footage showing the Accused stabbing the deceased was suppressed because it was sensitive, gruesome, not essential to understanding the proceedings, and there was a public interest risk of inappropriate use that significantly outweighed open justice. The ERISP and allegation video footage were not made available because the Accused was shown while mentally ill and the ERISP would have been inadmissible if challenged.

Court Disposition

Access granted in part; specified CCTV footage suppressed and not published; liberty to apply granted to any interested party.

Orders

  • ['Order, subject to Order 2, that the following material is to be made available for access to those otherwise entitled to access the Court file: (a) Exh A, but not including the discs entitled "Allegation Video Footage and ERISP"; (b) Exh B; (c) Exh 1; (d) Written submissions of the Crown Prosecutor and counsel for...