R v Quintana (No. 3) [2020] NSWSC 32

R v Quintana (No. 3) [2020] NSWSC 32

The non-publication order was necessary to prevent prejudice to the proper administration of justice because publication of Ms Tairi's potential extradition could undermine her indicated willingness to give evidence in the murder trial by AVL from New Zealand; the order was limited to operate only until judgment on the Crown's application for her evidence to be taken by AVL.

Jurisdiction
Australia
Judgment Date
03 February 2020
Procedural Posture
Criminal Law; Application for Non Publication Order / Procedural Ruling on Oral Crown Application During Application for AVL Evidence
Outcome
Non-publication order made.
Legal Topics
['non Publication Order' 'open Justice' 'proper Administration of Justice' 'evidence by Audio Visual Link' 'potential Extradition of Witness']
['criminal Law' 'procedure'] ['non Publication Order' 'open Justice' 'proper Administration of Justice' 'evidence by Audio Visual Link' 'potential Extradition of Witness']

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Procedural Posture

Criminal Law; Application for Non Publication Order / Procedural Ruling on Oral Crown Application During Application for AVL Evidence

Legal Issues

  1. 1 ['Whether any reference to the potential extradition of Ms Tairi should be prohibited from publication to prevent prejudice to the proper administration of justice.' 'Whether the duration of the non-publication order should be limited to no longer than reasonably necessary.']

Ratio Decidendi

The non-publication order was necessary to prevent prejudice to the proper administration of justice because publication of Ms Tairi's potential extradition could undermine her indicated willingness to give evidence in the murder trial by AVL from New Zealand; the order was limited to operate only until judgment on the Crown's application for her evidence to be taken by AVL.

Court Disposition

Non-publication order made.

Orders

  • ["Pursuant to s 8(1)(a) of the Court Suppression and Non Publication of Orders Act, any reference to the potential extradition of Ms Tairi is not to be published, on the grounds that the order is necessary to prevent prejudice to the proper administration of justice. This order remains in place until judgment is...