R v AC (No 5) [2016] NSWSC 355

R v AC (No 5) [2016] NSWSC 355

Because evidence and anticipated evidence in Witness M's sentencing proceedings concerned events that were the subject matter of an imminent trial and included material highly prejudicial to at least one accused, a time-limited non-publication order was necessary to prevent prejudice to the proper administration of justice and to avoid prejudice to the accused about to face trial, notwithstanding the public interest in open justice.

Jurisdiction
Australia
Judgment Date
29 March 2016
Procedural Posture
Criminal / Sentencing Hearing; Procedural Ruling on Non Publication
Outcome
Non-publication order made.
Legal Topics
['non Publication Order' 'sentencing Hearing' 'prejudice to Trial' 'open Justice' 'administration of Justice']
['criminal Law'] ['non Publication Order' 'sentencing Hearing' 'prejudice to Trial' 'open Justice' 'administration of Justice']

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Procedural Posture

Criminal / Sentencing Hearing; Procedural Ruling on Non Publication

Legal Issues

  1. 1 ['Whether evidence and submissions in the current sentencing proceedings against Witness M should be subject to a non-publication order to prevent prejudice to trials about to commence.' 'Whether the grounds in s 8(1)(a) and s 8(1)(e) of the Court Suppression and Non Publication Orders Act 2010 (NSW) were satisfied.']

Ratio Decidendi

Because evidence and anticipated evidence in Witness M's sentencing proceedings concerned events that were the subject matter of an imminent trial and included material highly prejudicial to at least one accused, a time-limited non-publication order was necessary to prevent prejudice to the proper administration of justice and to avoid prejudice to the accused about to face trial, notwithstanding the public interest in open justice.

Court Disposition

Non-publication order made.

Orders

  • ['There is to be no publication of the evidence and submissions in respect of the current sentencing proceedings against Witness M.' 'The order will remain in effect until the conclusion of the two trials involving Mumtaz and Farhad Qaumi, or until an order is made that the second trial be conducted by judge alone.'...