Bruce Allan Burrell v Regina [2008] NSWCCA 276

Bruce Allan Burrell v Regina [2008] NSWCCA 276

It was not necessary to continue the suppression/non-publication orders after completion of the relevant jury trials because the likelihood of future prejudice to potential juries was speculative and the material had been publicly available for over a year; the primary judge's approach was correct and no error was demonstrated.

Jurisdiction
Australia
Judgment Date
21 November 2008
Procedural Posture
Criminal / Application for Leave to Appeal and Appeal From Orders Concerning Non Publication/suppression Orders
Outcome
Leave to appeal granted; application for renewed non-publication order and appeal dismissed.
Legal Topics
['non Publication Orders' 'suppression Orders' 'jury Prejudice' 'publication of Evidence' 'fair Trial' 'freedom of Information']
['criminal Law' 'procedure' 'media Law'] ['non Publication Orders' 'suppression Orders' 'jury Prejudice' 'publication of Evidence' 'fair Trial' 'freedom of Information']

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Procedural Posture

Criminal / Application for Leave to Appeal and Appeal From Orders Concerning Non Publication/suppression Orders

Legal Issues

  1. 1 ['Whether suppression/non-publication orders should continue after completion of criminal trials' 'Whether publication of previously suppressed material would prejudice future jury trials' 'Whether primary judge erred in discharging or varying suppression orders']

Ratio Decidendi

It was not necessary to continue the suppression/non-publication orders after completion of the relevant jury trials because the likelihood of future prejudice to potential juries was speculative and the material had been publicly available for over a year; the primary judge's approach was correct and no error was demonstrated.

Court Disposition

Leave to appeal granted; application for renewed non-publication order and appeal dismissed.

Orders

  • ['Grant leave to appeal from orders made by the Court on 16 November 2007.' 'Dismiss the application made on 10 September 2008 for orders in relation to the reasons of the Court of Criminal Appeal in R v Burrell [2007] NSWCCA 65 and [2007] NSWCCA 79.' 'Dismiss the appeal.']