R v Rogerson; R v McNamara (No 13) [2015] NSWSC 1120

R v Rogerson; R v McNamara (No 13) [2015] NSWSC 1120

The article published matters concerning applications dealt with in the absence of the jury and contained statements that were incorrect or capable of jeopardising the accused persons' right to a fair trial. To preserve the rights of both accused to a fair trial and prevent further publication of proceedings in the absence of the jury, a further suppression order was necessary.

Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Criminal Jury Trial / Procedural Ruling on Media Publication and Suppression Concerning Applications Dealt With in the Absence of the Jury
Outcome
Further suppression order made and dissemination directions indicated.
Legal Topics
['practice and Procedure' 'jury Trial' 'suppression Orders' 'fair Trial' 'media Reporting']
['criminal Law'] ['practice and Procedure' 'jury Trial' 'suppression Orders' 'fair Trial' 'media Reporting']

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Procedural Posture

Criminal Jury Trial / Procedural Ruling on Media Publication and Suppression Concerning Applications Dealt With in the Absence of the Jury

Legal Issues

  1. 1 ['Whether media publication should be prohibited concerning applications made in the absence of the jury, the evidence adduced, and the submissions of the parties.' "Whether publication of an article about matters dealt with in the absence of the jury had the capacity to jeopardise the accused persons' right to a fair trial."]

Ratio Decidendi

The article published matters concerning applications dealt with in the absence of the jury and contained statements that were incorrect or capable of jeopardising the accused persons' right to a fair trial. To preserve the rights of both accused to a fair trial and prevent further publication of proceedings in the absence of the jury, a further suppression order was necessary.

Court Disposition

Further suppression order made and dissemination directions indicated.

Orders

  • ['Publication is suppressed of the fact of any application which is made in the absence of the jury.' 'Publication is suppressed of the evidence adduced in relation to any application made in the absence of the jury.' 'Publication is suppressed of the submissions of the parties in relation to any application made in...