R v STEVENS [2016] NZHC 994

R v STEVENS [2016] NZHC 994

Full name suppression was declined because the judge found no real risk of prejudice given the lack of any rational connection between the brother's fraud convictions and the alleged deliberate killing; however, limited suppression of publication of the familial link and suppression of the judgment until final...

Source-derived case information.

Citation
[2016] NZHC 994
Parties
Prosecution: The Queen; Defendant: Mark David Stevens
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 May 2016
Procedural Posture
Murder / Name Suppression Application (pre Trial)
Outcome
Application for name suppression until trial declined; interim suppression of publication of familial link and suppression of judgment until final disposition of trial ordered; interim name suppression maintained until 4:00 pm Friday 20 May 2016 to permit any appeal, and to continue if an appeal is filed.
Legal Topics
Name Suppression, Publication Ban, Fair Trial Rights, Familial Association Prejudice
Criminal Law Media Law Privacy/suppression Orders Name Suppression Publication Ban Fair Trial Rights Familial Association Prejudice

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Parties

The Queen

Prosecution

Mark David Stevens

Defendant

Procedural Posture

Murder / Name Suppression Application (pre Trial)

Legal Issues

  1. 1 Whether name suppression should be granted until trial
  2. 2 Whether publication of the familial link should be prohibited
  3. 3 How to balance open justice against the defendant's fair trial rights

Ratio Decidendi

Full name suppression was declined because the judge found no real risk of prejudice given the lack of any rational connection between the brother's fraud convictions and the alleged deliberate killing; however, limited suppression of publication of the familial link and suppression of the judgment until final disposition of trial were ordered as a precaution because the familial association had potential to attract prejudicial public curiosity and there was no compelling public interest in immediate publication.

Court Disposition

Application for name suppression until trial declined; interim suppression of publication of familial link and suppression of judgment until final disposition of trial ordered; interim name suppression maintained until 4:00 pm Friday 20 May 2016 to permit any appeal, and to continue if an appeal is filed.

Orders

  • Application for name suppression until trial declined.
  • Until final disposition of trial it is prohibited to publish in news media or otherwise the familial link between the defendant and Mr Shaan Stevens, including identification of other relatives.