Stinson (a pseudonym) v Nationwide News Pty Ltd [2022] NSWCCA 235

Stinson (a pseudonym) v Nationwide News Pty Ltd [2022] NSWCCA 235

Suppression or non-publication orders should not be made for most of the bail file or criminal record since open justice prevails, and distress or embarrassment to a relative (even a witness) is insufficient. However, publication of the previous murder conviction and its underlying facts must be suppressed as necessary to prevent prejudice to the administration of justice, given the proximity of the trial, anticipated publicity, and the factual similarity between the prior offending and the current charges.

Parties
Applicant: Reginald Stinson (a pseudonym); First Respondent: Director of Public Prosecutions; Second Respondent: Nationwide News Pty Ltd; Third Respondent: Daily Mail Australia Pty Ltd; Interested Party: Mattias Stinson (a pseudonym)
Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Criminal Appeal / Leave to Appeal Against an Interlocutory Decision Regarding Suppression and Non Publication Orders
Outcome
Leave to appeal granted; appeal dismissed save for suppression of previous murder conviction and facts; orders for access and dissolution of earlier suppression orders; detailed continued suppression order for murder conviction facts.
Legal Topics
Suppression Orders, Non Publication Orders, Open Justice, Access to Court Files, Fair Trial Rights
Criminal Procedure Media and Communications Law Suppression Orders Non Publication Orders Open Justice Access to Court Files Fair Trial Rights

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Parties

Reginald Stinson (a pseudonym)

Applicant

Director of Public Prosecutions

First Respondent

Nationwide News Pty Ltd

Second Respondent

Daily Mail Australia Pty Ltd

Third Respondent

Mattias Stinson (a pseudonym)

Interested Party

Procedural Posture

Criminal Appeal / Leave to Appeal Against an Interlocutory Decision Regarding Suppression and Non Publication Orders

Legal Issues

  1. 1 Whether suppression or non-publication orders should be made regarding applicant's previous convictions, criminal record, or bail file
  2. 2 Whether open justice requires access and publication, or whether exceptions apply due to fair trial concerns or undue distress to a witness/relative

Ratio Decidendi

Suppression or non-publication orders should not be made for most of the bail file or criminal record since open justice prevails, and distress or embarrassment to a relative (even a witness) is insufficient. However, publication of the previous murder conviction and its underlying facts must be suppressed as necessary to prevent prejudice to the administration of justice, given the proximity of the trial, anticipated publicity, and the factual similarity between the prior offending and the current charges.

Court Disposition

Leave to appeal granted; appeal dismissed save for suppression of previous murder conviction and facts; orders for access and dissolution of earlier suppression orders; detailed continued suppression order for murder conviction facts.

Orders

  • Leave to appeal granted.
  • The interim orders made by this Court on 8 September 2022 are dissolved.