Einfeld v R (No 2) [2008] NSWCCA 243

Einfeld v R (No 2) [2008] NSWCCA 243

There is no feature of the material set out in the principal judgment which gives rise to the necessity to direct non-publication of the fact of the appeal and its outcome in order to ensure a fair trial. The principle of open justice should be given full weight; the non-publication order is dissolved.

Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Criminal Appeal / Consequential Orders After Determination on Non Publication
Outcome
Non-publication order dissolved
Legal Topics
['non Publication Orders' 'open Justice' 'fair Trial']
['criminal Law' 'court Procedure'] ['non Publication Orders' 'open Justice' 'fair Trial']

Case Brief

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Procedural Posture

Criminal Appeal / Consequential Orders After Determination on Non Publication

Legal Issues

  1. 1 ['Whether it is necessary to continue the non-publication order on appeal proceedings to secure a fair trial for Mr Einfeld.']

Ratio Decidendi

There is no feature of the material set out in the principal judgment which gives rise to the necessity to direct non-publication of the fact of the appeal and its outcome in order to ensure a fair trial. The principle of open justice should be given full weight; the non-publication order is dissolved.

Court Disposition

Non-publication order dissolved

Orders

  • ['The non-publication order made on 17 June 2008 is dissolved.']