R v Fakhreddine [2024] NSWSC 320

R v Fakhreddine [2024] NSWSC 320

The order was necessary to prevent prejudice to the proper administration of justice, given the particular circumstances: the especially memorable facts, the proximity of the retrial, the risk that extensive reporting of the accused's first trial evidence could reach potential jurors in an incomplete and contextless form, and the difficulty for standard jury directions to remedy such prejudice. The order is confined to previously unreported evidence for a short, specific period, with exceptions for ongoing police investigation and notification to relatives of the deceased.

Parties
Crown: Rex; Accused: Naji Fakhreddine
Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Criminal / Application for Non Publication Order Prior to Retrial
Outcome
Non-publication order granted
Legal Topics
Non Publication Orders, Open Justice, Fair Trial, Suppression Orders, Prejudice to Trial
Criminal Law Civil Procedure Non Publication Orders Open Justice Fair Trial Suppression Orders Prejudice to Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Rex

Crown

Naji Fakhreddine

Accused

Procedural Posture

Criminal / Application for Non Publication Order Prior to Retrial

Legal Issues

  1. 1 Whether a non-publication order over the accused's trial evidence is necessary to prevent prejudice to the proper administration of justice under ss 7 and 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW) prior to a retrial

Ratio Decidendi

The order was necessary to prevent prejudice to the proper administration of justice, given the particular circumstances: the especially memorable facts, the proximity of the retrial, the risk that extensive reporting of the accused's first trial evidence could reach potential jurors in an incomplete and contextless form, and the difficulty for standard jury directions to remedy such prejudice. The order is confined to previously unreported evidence for a short, specific period, with exceptions for ongoing police investigation and notification to relatives of the deceased.

Court Disposition

Non-publication order granted

Orders

  • Publication of any evidence given by the accused in the trial commencing on 17 October 2023 is prohibited by parties, news media, or any other person until verdict, order of the Court, or 30 November 2024, whichever is earlier, subject to exceptions for NSW Police dissemination for the investigation and for...