R v NK (No 2) [2015] NSWSC 1282

R v NK (No 2) [2015] NSWSC 1282

Given the risk of prejudicing the fair trial rights of accused persons in upcoming proceedings and to ensure the safety of the offender and witnesses, suppression and non-publication orders are necessary, subject to a finite review date to accommodate the public interest in open justice.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Criminal / Suppression Order and Sentencing Remarks
Outcome
Suppression and non-publication orders made; exceptions for limited publication; order remains until review date or further order.
Legal Topics
['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Protection']
['criminal Law' 'procedure'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'witness Protection']

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Procedural Posture

Criminal / Suppression Order and Sentencing Remarks

Legal Issues

  1. 1 ['Whether a suppression and non-publication order should be made in relation to sentencing remarks and identity of the offender and others involved in ongoing or upcoming criminal proceedings.']

Ratio Decidendi

Given the risk of prejudicing the fair trial rights of accused persons in upcoming proceedings and to ensure the safety of the offender and witnesses, suppression and non-publication orders are necessary, subject to a finite review date to accommodate the public interest in open justice.

Court Disposition

Suppression and non-publication orders made; exceptions for limited publication; order remains until review date or further order.

Orders

  • ['No publication of remarks on sentence in relation to the offender Witness L until 16 October 2015, subject to further order.' 'Exceptions: publication allowed of the fact a former member of Brothers for Life was sentenced, length of sentence, and charges.' 'Publication allowed that it is anticipated the offender...