R v Simmons (No 9) [2015] NSWSC 718

R v Simmons (No 9) [2015] NSWSC 718

The Court was persuaded that the judgments should be redacted as proposed by the New South Wales Commissioner of Police, and that existing non-publication orders should be confirmed, because the orders were necessary to maintain the integrity of police operations, the details of which were contained in confidential exhibits and in the reasons in R v Simmons (No 5).

Jurisdiction
Australia
Judgment Date
09 June 2015
Procedural Posture
Procedural and Other Ruling / Application for Suppression and Non Publication Orders and Redaction of Judgments After the Criminal Trial Concluded
Outcome
Redaction, suppression and non-publication orders made or confirmed.
Legal Topics
['non Publication Orders' 'suppression Orders' 'redaction of Judgment' 'assumed Identities' 'police Operations']
['criminal Law' 'suppression and Non Publication Orders'] ['non Publication Orders' 'suppression Orders' 'redaction of Judgment' 'assumed Identities' 'police Operations']

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Procedural Posture

Procedural and Other Ruling / Application for Suppression and Non Publication Orders and Redaction of Judgments After the Criminal Trial Concluded

Legal Issues

  1. 1 ['Whether the judgment known as R v Simmons (No 7) [2015] NSWSC 574 should be redacted in the manner proposed by the New South Wales Commissioner of Police.' 'Whether two words in paragraph [50] of R v Simmons (No 2) [2015] NSWSC 143 should be redacted.' 'Whether the redaction to paragraph 17 of R v Simmons (No 8) [2015] NSWSC 627 should remain in place.' 'Whether the non-publication orders made in R v Simmons (No 5) [2015] NSWSC 333 should be confirmed and further exceptions made under s 9(4) of the Court Suppression and Non-Publication Orders Act 2010.']

Ratio Decidendi

The Court was persuaded that the judgments should be redacted as proposed by the New South Wales Commissioner of Police, and that existing non-publication orders should be confirmed, because the orders were necessary to maintain the integrity of police operations, the details of which were contained in confidential exhibits and in the reasons in R v Simmons (No 5).

Court Disposition

Redaction, suppression and non-publication orders made or confirmed.

Orders

  • ['The two words following the words "he had been paid following the" to be redacted from paragraph [50] of the published version of the judgment known as R v Simmons (No 2) [2015] NSWSC 143.' 'The redaction made to paragraph 17 of the judgment known as R v Simmons (No 8) [2015] NSWSC 627 will remain in place.' 'The...