R v W [2018] NZHC 2611

R v W [2018] NZHC 2611

Publication of the defendant's name and identifying particulars until verdict was prohibited because publicity about his prior convictions and nickname posed a real risk that third parties would communicate prejudicial information to jurors and judicial directions alone were insufficient to prevent that risk.

Source-derived case information.

Citation
[2018] NZHC 2611
Parties
Prosecution: The Queen; Defendant: W
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 October 2018
Procedural Posture
Criminal / Pre Trial Suppression Hearing; Trial Due to Commence 8 October 2018
Outcome
Suppression order made: name and identifying particulars and publication of the judgment/any part of the proceedings in news media or on the internet prohibited until final disposition of the trial; publication in law report or law digest permitted.
Legal Topics
Name Suppression, Publication Restraint, Prejudicial Publicity, Jury Management
Criminal Law Evidence Publication/suppression Orders Fair Trial Rights Name Suppression Publication Restraint Prejudicial Publicity Jury Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen

Prosecution

W

Defendant

Procedural Posture

Criminal / Pre Trial Suppression Hearing; Trial Due to Commence 8 October 2018

Legal Issues

  1. 1 Whether publication of the defendant's name and identifying particulars would risk an unfair trial
  2. 2 Whether references to prior convictions and the nickname 'Beast of Blenheim' should be suppressed until verdict
  3. 3 Whether judicial directions alone can mitigate prejudice from publicity

Ratio Decidendi

Publication of the defendant's name and identifying particulars until verdict was prohibited because publicity about his prior convictions and nickname posed a real risk that third parties would communicate prejudicial information to jurors and judicial directions alone were insufficient to prevent that risk.

Court Disposition

Suppression order made: name and identifying particulars and publication of the judgment/any part of the proceedings in news media or on the internet prohibited until final disposition of the trial; publication in law report or law digest permitted.

Orders

  • Name and identifying particulars of the defendant suppressed until final disposition of the trial.
  • Publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database prohibited until final disposition of the trial.