R v Warwick (No.7) [2018] NSWSC 236

R v Warwick (No.7) [2018] NSWSC 236

Having regard to the nature of the charges, public interest in the proceedings, the fact that the material related to a release application under the Bail Act 2013, and the past events surrounding the accused's arrest, a limited order suppressing the names and identifying information of the accused's family members who provided supporting material was necessary to protect their safety and to prevent prejudice to the proper administration of justice, while preserving open justice by not closing the court or suppressing the general content of the evidence.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Criminal Procedure / Application for Suppression and Non Publication Order in Connection With a Release Application Pursuant to the Bail Act 2013
Outcome
Limited suppression order made.
Legal Topics
['suppression and Non Publication Orders' 'bail Release Application' 'open Justice' 'safety of Family Members' 'prejudice to the Proper Administration of Justice']
['criminal Law' 'criminal Procedure'] ['suppression and Non Publication Orders' 'bail Release Application' 'open Justice' 'safety of Family Members' 'prejudice to the Proper Administration of Justice']

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Procedural Posture

Criminal Procedure / Application for Suppression and Non Publication Order in Connection With a Release Application Pursuant to the Bail Act 2013

Legal Issues

  1. 1 ["Whether a suppression order should be made under the Court Suppression and Non-publication Orders Act 2010 to suppress the names and identifying information of family members of the accused who provided material in support of the accused's release application." 'Whether the order was necessary to protect the safety of those persons or to prevent prejudice to the proper administration of justice, while taking into account the public interest in open justice.']

Ratio Decidendi

Having regard to the nature of the charges, public interest in the proceedings, the fact that the material related to a release application under the Bail Act 2013, and the past events surrounding the accused's arrest, a limited order suppressing the names and identifying information of the accused's family members who provided supporting material was necessary to protect their safety and to prevent prejudice to the proper administration of justice, while preserving open justice by not closing the court or suppressing the general content of the evidence.

Court Disposition

Limited suppression order made.

Orders

  • ["An order until further order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 that the names of the family members of the accused who provide material in support of the accused's release application, including the fiancé of the accused's daughter, be suppressed; and that any information...