R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan; R v Jacobs Group (Australia) Pty Ltd (No 2) [2021] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan; R v Jacobs Group (Australia) Pty Ltd (No 2) [2021] NSWSC 1084 Hearing dates: On the papers Decision date: 26 August 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the parties to agree, if possible, on a redacted version of the remarks on sentence in respect of Jacobs Australia (the Redacted Reasons), for the purposes of the proposed variation to the non-publication orders set out in these reasons. (2) Direct the parties to provide to my Associate an agreed form of the Redacted Reasons and draft short minutes or order, or, in the absence of agreement, competing versions, by 3 September 2021, with a view to the orders being made in chambers. (3) Otherwise dismiss the Crown's amended notice of motion dated 12 August 2021. (4) Grant liberty to the parties to restore the matter on 3 days' notice. Catchwords: CIVIL PROCEDURE — Suppression and non-publication — Variation of orders — Necessary to protect administration of justice and consider needs of open justice — exemption from prohibition proposed by Crown too wide — narrower exemption authorised subject to agreement as to redacted version of sentencing judgment of corporate offender Legislation Cited: Court Suppression and Non-Publications Orders Act 2010 (NSW), s 13 Criminal Code Act 1995 (Cth), s 70.2 Cases Cited: Decision restricted [2021] NSWSC 534 Decision restricted [2021] NSWSC 657 Texts Cited: Commonwealth Director of Public Prosecutions, Best Practice Guidelines: Self-reporting of foreign bribery and related offending by corporations (20 December 2017) Category: Procedural rulings Parties: Proceedings 2018/150442 Regina Paul Peter Dougas (Accused)