R v Macdonald; R v Maitland (No 5) [2022] NSWSC 1211

R v Macdonald; R v Maitland (No 5) [2022] NSWSC 1211

Due to the inadvertent activating of a microphone, conversations between the accused and his legal representative may have become public. To protect the administration of justice and the privacy/privilege of those conversations, suppression orders under the relevant Act are necessary.

Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Suppression orders made as requested by the accused.
Legal Topics
['suppression and Non Publication Orders' 'legal Professional Privilege' 'trial Procedure']
['criminal Law'] ['suppression and Non Publication Orders' 'legal Professional Privilege' 'trial Procedure']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether conversations between accused and legal representative inadvertently broadcast should be suppressed to protect privilege and privacy']

Ratio Decidendi

Due to the inadvertent activating of a microphone, conversations between the accused and his legal representative may have become public. To protect the administration of justice and the privacy/privilege of those conversations, suppression orders under the relevant Act are necessary.

Court Disposition

Suppression orders made as requested by the accused.

Orders

  • ['Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), any conversations between the accused Mr Macdonald and his legal representative in the course of the proceedings of 7 September 2022 up until 1:00pm are to be suppressed.' 'Pursuant to s 11 of the Court Suppression and...