R v Kirkman (No 2) [2019] NSWSC 1861

R v Kirkman (No 2) [2019] NSWSC 1861

Although open justice favoured media access, access was refused because the exhibits included sensitive material such as real or seemingly real addresses, horrific details that family members had sought to avoid, crime scene material, and material concerning a fatal killing witnessed by a five-month-old baby; given the permanence of internet publication and the detailed summaries already given in open court, those considerations outweighed access to the documentary exhibits.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal Judge Alone Murder Trial / Application by Media for Access to Exhibits/file
Outcome
Application refused at this stage.
Legal Topics
['media Access to Exhibits' 'judge Alone Murder Trial' 'open Justice Principle' 'discretion to Permit Access to Court File']
['criminal Law' 'open Justice'] ['media Access to Exhibits' 'judge Alone Murder Trial' 'open Justice Principle' 'discretion to Permit Access to Court File']

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Procedural Posture

Criminal Judge Alone Murder Trial / Application by Media for Access to Exhibits/file

Legal Issues

  1. 1 ['Whether the media should be permitted access to some or all documentary exhibits in a judge-alone murder trial.' 'How the open justice principle should be balanced against privacy, trauma, and the permanent dissemination of sensitive material on the internet.']

Ratio Decidendi

Although open justice favoured media access, access was refused because the exhibits included sensitive material such as real or seemingly real addresses, horrific details that family members had sought to avoid, crime scene material, and material concerning a fatal killing witnessed by a five-month-old baby; given the permanence of internet publication and the detailed summaries already given in open court, those considerations outweighed access to the documentary exhibits.

Court Disposition

Application refused at this stage.

Orders

  • ['No media access to the file']