NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Haile [2023] NSWSC 52 Hearing dates: 06 February 2023 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Orders sought under s 8 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) refused. Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – take down of online articles discussing now-quashed verdict on same charge – whether court can account for the risk jurors may disobey instructions and do own research – nature of pre-trial publicity – meaning of "necessary" in Court Suppression and Non-Publication Orders Act 2010 (NSW) Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) ss 7, 8 Jury Act 1977 (NSW) s 68C(1) Cases Cited: Dawson v R [2021] NSWCCA 117 Dupas v The Queen (2010) 241 CLR 237 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52 Nationwide News Pty Ltd v Qaumi (2016) 93 NSWLR 384 R v Dawson [2020] NSWSC 1221 The Queen v Glennon (1992) 173 CLR 592 Category: Procedural rulings Parties: Rex (Crown) Daniel Haile (Accused) Representation: Counsel: D Patch (Crown) J Brock (Accused)
Solicitors: Office of the Director of Public Prosecutions (Crown) Jamieson Criminal Law (Accused) Nine (on behalf of media entities) File Number(s): 2013/334195 Publication restriction: Nil
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