R v Sultani; R v Munshizada; R v Baines; R v Danishyar (Non-publication orders) [2021] NSWSC 1611

R v Sultani; R v Munshizada; R v Baines; R v Danishyar (Non-publication orders) [2021] NSWSC 1611

Continuation of the non-publication orders beyond 6 December 2021 is not necessary to the administration of justice; adequate jury directions or postponement in the future District Court trial can address potential prejudice from publicity; the importance of open justice outweighs speculative prejudice.

Jurisdiction
Australia
Judgment Date
06 December 2021
Procedural Posture
Criminal / Application for Review of Non Publication Orders Prior to Sentencing
Outcome
Order varied to extend non-publication orders to 4:00pm on 6 December 2021; applications otherwise dismissed.
Legal Topics
['non Publication Orders' 'suppression Orders' 'fair Trial' 'administration of Justice']
['criminal Law' 'procedure'] ['non Publication Orders' 'suppression Orders' 'fair Trial' 'administration of Justice']

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Procedural Posture

Criminal / Application for Review of Non Publication Orders Prior to Sentencing

Legal Issues

  1. 1 ['Whether non-publication orders should be continued or varied to protect the fairness of upcoming District Court trials' 'Whether continuation of the non-publication orders is necessary to prevent prejudice to the proper administration of justice']

Ratio Decidendi

Continuation of the non-publication orders beyond 6 December 2021 is not necessary to the administration of justice; adequate jury directions or postponement in the future District Court trial can address potential prejudice from publicity; the importance of open justice outweighs speculative prejudice.

Court Disposition

Order varied to extend non-publication orders to 4:00pm on 6 December 2021; applications otherwise dismissed.

Orders

  • ['Order 6 made on 26 August 2021 is varied: all orders prohibiting publication of charges, pleas, evidence, submissions, verdicts and other aspects of the proceedings against the offenders for the murders of Michael Davey, Mehmet Yilmaz and Pasquale Barbaro are continued in force up to 6 December 2021 but will...