R v Alex & Ors [2024] NSWSC 129

R v Alex & Ors [2024] NSWSC 129

A take down (non-publication) order under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) will not be made unless it is 'necessary' to prevent prejudice to the proper administration of justice. Despite a heightened risk of juror misconduct in lengthy trials, removal of specific online articles is not shown to be of such significant utility as would satisfy that threshold, given statutory prohibitions (s 68C Jury Act), judicial directions to the jury, and the general legal assumption of juror compliance. Hence, the notice of motion was dismissed.

Parties
Prosecution: Rex; Applicant/accused: George Alex; Accused: Lindsay Kirschberg; Accused: Gordon McAndrew; Accused: Pasquale Loccisano; Accused: Mark Bryers; Accused: Arthur Alex
Jurisdiction
Australia
Judgment Date
20 February 2024
Procedural Posture
Criminal / Interlocutory Application—notice of Motion for Non Publication (take Down) Orders Pending Trial
Outcome
Notice of motion for take down orders dismissed.
Legal Topics
Non Publication Orders, Suppression Orders, Trial Fairness, Jury Directions, Sub Judice Contempt
Criminal Law Procedure Non Publication Orders Suppression Orders Trial Fairness Jury Directions Sub Judice Contempt

Case Brief

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Parties

Rex

Prosecution

George Alex

Applicant/accused

Lindsay Kirschberg

Accused

Gordon McAndrew

Accused

Pasquale Loccisano

Accused

Mark Bryers

Accused

Arthur Alex

Accused

Procedural Posture

Criminal / Interlocutory Application—notice of Motion for Non Publication (take Down) Orders Pending Trial

Legal Issues

  1. 1 Whether the court has power under the Court Suppression and Non-Publication Orders Act 2010 (NSW) to make a 'take down' (non-publication) order in respect of internet content prejudicial to the accused during an ongoing trial;
  2. 2 Whether such an order was 'necessary' to prevent prejudice to the proper administration of justice in the context of the trial, given the risk of jurors encountering prejudicial material online.

Ratio Decidendi

A take down (non-publication) order under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) will not be made unless it is 'necessary' to prevent prejudice to the proper administration of justice. Despite a heightened risk of juror misconduct in lengthy trials, removal of specific online articles is not shown to be of such significant utility as would satisfy that threshold, given statutory prohibitions (s 68C Jury Act), judicial directions to the jury, and the general legal assumption of juror compliance. Hence, the notice of motion was dismissed.

Court Disposition

Notice of motion for take down orders dismissed.

Orders

  • The notice of motion filed by George Alex on 8 February 2024 is dismissed.