R v Cliff (No 4) [2018] NSWSC 165

R v Cliff (No 4) [2018] NSWSC 165

Access to Ex X1 was granted because it was an exhibit tendered in court and the general rule favouring media access, supported by the open justice principle, applied; however, the part of the footage showing a home was prohibited from broadcast under s 7 of the Court Suppression and Non-Publication Act 2010 (NSW) because the order may be necessary to protect the safety of the occupants of those premises.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal Law; Media Application for Access to Exhibit / Procedural and Other Ruling
Outcome
Media access to Ex X1 granted, with a suppression or non-publication order prohibiting broadcast of part of Ex X1.
Legal Topics
['media Access to Exhibits' 'open Justice' 'suppression and Non Publication Orders' 'protection of Safety']
['criminal Law'] ['media Access to Exhibits' 'open Justice' 'suppression and Non Publication Orders' 'protection of Safety']

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Procedural Posture

Criminal Law; Media Application for Access to Exhibit / Procedural and Other Ruling

Legal Issues

  1. 1 ['Whether the media should be granted access to Ex X1, an exhibit tendered in court.' 'Whether part of Ex X1 should be prohibited from broadcast to protect the safety of occupants of premises shown in the footage.']

Ratio Decidendi

Access to Ex X1 was granted because it was an exhibit tendered in court and the general rule favouring media access, supported by the open justice principle, applied; however, the part of the footage showing a home was prohibited from broadcast under s 7 of the Court Suppression and Non-Publication Act 2010 (NSW) because the order may be necessary to protect the safety of the occupants of those premises.

Court Disposition

Media access to Ex X1 granted, with a suppression or non-publication order prohibiting broadcast of part of Ex X1.

Orders

  • ['Grant access to the media to Ex X1.' 'Order under the provision s 7 of Court Suppression and Non-Publication Act 2010 (NSW) to prohibit broadcasting part of Ex X1.']