R v Thomas Sam; R v Manju Sam (No. 5) [2009] NSWSC 543

R v Thomas Sam; R v Manju Sam (No. 5) [2009] NSWSC 543

The risk that media publication of photographs would substantially heighten the emotional level of public reporting and thereby distract the jury from their duties outweighs the public interest in their publication; maintaining a fair trial for accused requires declining the application to release the photographs during the proceedings.

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Criminal / Procedural Application During Jury Trial
Outcome
Application declined
Legal Topics
['jury Management' 'open Justice' 'media Access' 'suppression Orders' 'publication of Court Exhibits']
['criminal Law' 'criminal Procedure'] ['jury Management' 'open Justice' 'media Access' 'suppression Orders' 'publication of Court Exhibits']

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Procedural Posture

Criminal / Procedural Application During Jury Trial

Legal Issues

  1. 1 ['Whether photographs of the deceased child in evidence should be released to the media for publication or broadcast during the trial']

Ratio Decidendi

The risk that media publication of photographs would substantially heighten the emotional level of public reporting and thereby distract the jury from their duties outweighs the public interest in their publication; maintaining a fair trial for accused requires declining the application to release the photographs during the proceedings.

Court Disposition

Application declined

Orders

  • ['The application by Nationwide News Pty Limited, Fairfax Media Limited and the Nine Network Limited to publish or broadcast photographs within Exhibit B during the trial is declined.']