R v TALBOT [2019] NZHC 676

R v TALBOT [2019] NZHC 676

The applications for leave to film, photograph or record sound of the defendant during sentencing were declined because the Guidelines require specific leave for such coverage, no special justification or foundation was provided to displace the usual restriction, and therefore permission to film/photograph/record the defendant during sentencing (or in the Judge's absence) was refused; otherwise standard conditions in Schedules 1–3 apply.

Citation
[2019] NZHC 676
Parties
Crown: The Queen; Defendant: Mark Stephen Talbot
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 April 2019
Procedural Posture
Criminal (securities Markets Act Offence) / Sentencing (media Application)
Outcome
Permission to film, photograph or record the defendant in court during sentencing (including when the Judge is absent) refused; otherwise media may film, photograph or record sound in accordance with Schedules 1 to 3 of the In-Court Media Coverage Guidelines 2016.
Legal Topics
In Court Media Coverage, Permission to Film/photograph/record, Sentencing Procedure, Securities Markets Act Failure to Disclose Relevant Interest
Criminal Law Media Law Court Procedure In Court Media Coverage Permission to Film/photograph/record Sentencing Procedure Securities Markets Act Failure to Disclose Relevant Interest

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Parties

The Queen

Crown

Mark Stephen Talbot

Defendant

Procedural Posture

Criminal (securities Markets Act Offence) / Sentencing (media Application)

Legal Issues

  1. 1 Whether media should be granted leave to film, photograph or record the defendant during sentencing
  2. 2 Application and interpretation of the In-Court Media Coverage Guidelines (2016)

Ratio Decidendi

The applications for leave to film, photograph or record sound of the defendant during sentencing were declined because the Guidelines require specific leave for such coverage, no special justification or foundation was provided to displace the usual restriction, and therefore permission to film/photograph/record the defendant during sentencing (or in the Judge's absence) was refused; otherwise standard conditions in Schedules 1–3 apply.

Court Disposition

Permission to film, photograph or record the defendant in court during sentencing (including when the Judge is absent) refused; otherwise media may film, photograph or record sound in accordance with Schedules 1 to 3 of the In-Court Media Coverage Guidelines 2016.

Orders

  • Declined permission to film, photograph or record the defendant in court during sentencing (including when the Judge is absent).
  • Media permitted to film, photograph or record sound at the sentencing only in accordance with Schedules 1 to 3 of the In-Court Media Coverage Guidelines 2016.