R v Camilleri [2020] NSWSC 1945

R v Camilleri [2020] NSWSC 1945

Given that transcripts of the relevant footage are available to the public and media, making a non-publication order over the footage itself is justified to protect the vulnerable offender without substantially undermining the public interest in open justice.

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Criminal / Post Conviction, Application for Non Publication Order
Outcome
Non-publication order made for the footage (Exhibit J) but not for the transcript.
Legal Topics
['manslaughter Verdict' 'proceedings After Conviction' 'non Publication Orders' 'media Access to Exhibits' 'public Interest' 'protection of Vulnerable Offender']
['criminal Law'] ['manslaughter Verdict' 'proceedings After Conviction' 'non Publication Orders' 'media Access to Exhibits' 'public Interest' 'protection of Vulnerable Offender']

Case Brief

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Procedural Posture

Criminal / Post Conviction, Application for Non Publication Order

Legal Issues

  1. 1 ['Whether a non-publication order should be made for Exhibit J (footage of police interview) in the proceedings against Jessica Camilleri' 'Balancing public interest in open justice with protection of a vulnerable offender']

Ratio Decidendi

Given that transcripts of the relevant footage are available to the public and media, making a non-publication order over the footage itself is justified to protect the vulnerable offender without substantially undermining the public interest in open justice.

Court Disposition

Non-publication order made for the footage (Exhibit J) but not for the transcript.

Orders

  • ['Pursuant to s 7 of the Courts Suppression and Non-Publication Act 2010 (NSW), on the grounds given in s 8(1)(c) and (e), order that there be no publication of Exhibit J from the proceedings R v Jessica Camilleri.' "Order does not prevent publication of Ex's VD1 and VD2, being transcripts of Ex C and Ex J...