R v Warwick (No.92) [2020] NSWSC 78

R v Warwick (No.92) [2020] NSWSC 78

The suppression order had been made to prevent prejudice to the proper administration of justice by avoiding potential jury exposure to publicity about pre-trial proceedings. Because no jury was empanelled and the evidence in the judge-alone trial had concluded, that basis no longer existed. The Accused's asserted personal distress and possible public perception concerns did not outweigh the public interest in open justice; publication would enhance public confidence by revealing the applications, outcomes and reasons. The suppression order was therefore revoked for all pre-trial judgments except R v Warwick (No.7) [2018] NSWSC 236 and R v Warwick (No.19) [2018] NSWSC 655.

Jurisdiction
Australia
Judgment Date
14 February 2020
Procedural Posture
Common Law Criminal; Procedural Ruling on Suppression Order / On the Papers After Evidence in a Judge Alone Criminal Trial Had Concluded and Before Submissions
Outcome
Suppression order revoked in part.
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'judge Alone Trial' 'pre Trial Judgments']
['criminal Procedure'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'judge Alone Trial' 'pre Trial Judgments']

Case Brief

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Procedural Posture

Common Law Criminal; Procedural Ruling on Suppression Order / On the Papers After Evidence in a Judge Alone Criminal Trial Had Concluded and Before Submissions

Legal Issues

  1. 1 ['Whether the suppression order made on 21 August 2017 over pre-trial judgments remained necessary after the trial proceeded without a jury and the evidence had concluded.' 'Whether distress to the Accused and his family justified maintaining suppression over R v Warwick (No.2) [2017] NSWSC 1225 and R v Warwick (No.8) [2018] NSWSC 304.' 'Whether publication of interlocutory judgments containing comments about the strength of the Crown case would adversely affect public confidence in the impartiality of the proceedings.']

Ratio Decidendi

The suppression order had been made to prevent prejudice to the proper administration of justice by avoiding potential jury exposure to publicity about pre-trial proceedings. Because no jury was empanelled and the evidence in the judge-alone trial had concluded, that basis no longer existed. The Accused's asserted personal distress and possible public perception concerns did not outweigh the public interest in open justice; publication would enhance public confidence by revealing the applications, outcomes and reasons. The suppression order was therefore revoked for all pre-trial judgments except R v Warwick (No.7) [2018] NSWSC 236 and R v Warwick (No.19) [2018] NSWSC 655.

Court Disposition

Suppression order revoked in part.

Orders

  • ['Suppression order made on 21 August 2017 with respect to all judgments of the Court up to and including R v Warwick (No.32) [2018] NSW SC1105, except for R v Warwick (No.7) [2018] NSWSC 236 and R v Warwick (No.19) [2018] NSWSC 655 is revoked.']