R v Tabbah; R v Tiriaki (No 3) [2014] NSWSC 566

R v Tabbah; R v Tiriaki (No 3) [2014] NSWSC 566

Given the contest as to visual identification, and to avoid prejudice to the administration of justice and to ensure a fair trial, the court determined that a suppression order on publishing photographs identifying the accused in handcuffs or accompanied by Corrective Services staff was necessary.

Jurisdiction
Australia
Judgment Date
11 April 2014
Procedural Posture
Criminal / Application for Non Publication Order During Trial
Outcome
Non-publication order made
Legal Topics
['non Publication Orders' 'visual Identification' 'fair Trial' 'suppression Orders']
['criminal Law'] ['non Publication Orders' 'visual Identification' 'fair Trial' 'suppression Orders']

Case Brief

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Procedural Posture

Criminal / Application for Non Publication Order During Trial

Legal Issues

  1. 1 ['Whether a non-publication order should be made under s 8 of the Court Suppression and Non-Publication Orders Act 2010 regarding photographs of the accused in handcuffs or accompanied by Corrective Services staff']

Ratio Decidendi

Given the contest as to visual identification, and to avoid prejudice to the administration of justice and to ensure a fair trial, the court determined that a suppression order on publishing photographs identifying the accused in handcuffs or accompanied by Corrective Services staff was necessary.

Court Disposition

Non-publication order made

Orders

  • ['No photograph identifying, or tending to identify either accused being accompanied by members of Corrective Service staff, or in handcuffs be published.']