R v MOORE [2018] NZHC 2192

R v MOORE [2018] NZHC 2192

A suppression order of the redacted parts of the summary of facts was necessary to protect the fair trial rights of co-defendant Towersey and must continue until conclusion of Towersey's trial.

Source-derived case information.

Citation
[2018] NZHC 2192
Parties
Prosecution: The Queen; Defendant: Anthony Robert Moore; Co Accused: Towersey
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 August 2018
Procedural Posture
Criminal / Post Plea Suppression Order
Outcome
Suppression order made prohibiting publication of redacted parts of the summary of facts until conclusion of Towersey's trial.
Legal Topics
Suppression Order, Publication Ban, Fair Trial, Redaction
Criminal Law Media Law Evidence/fair Trial Rights Suppression Order Publication Ban Fair Trial Redaction

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Parties

The Queen

Prosecution

Anthony Robert Moore

Defendant

Towersey

Co Accused

Procedural Posture

Criminal / Post Plea Suppression Order

Legal Issues

  1. 1 Whether publication of unredacted summary of facts would prejudice the fair trial of co-defendant Towersey
  2. 2 Whether suppression of the redacted parts of the Crown's summary of facts is justified until conclusion of Towersey's trial

Ratio Decidendi

A suppression order of the redacted parts of the summary of facts was necessary to protect the fair trial rights of co-defendant Towersey and must continue until conclusion of Towersey's trial.

Court Disposition

Suppression order made prohibiting publication of redacted parts of the summary of facts until conclusion of Towersey's trial.

Orders

  • Suppression of all parts of the Crown's summary of facts that have been redacted until conclusion of Mr Towersey's trial
  • Prohibition on publication in newsmedia or on the internet or other publicly available databases until final disposition of Mr Towersey's trial