Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 307

Reported Decision: 178 A Crim R 301

New South Wales Court of Criminal Appeal

CITATION: Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 307 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 4 October 2007

JUDGMENT DATE: 5 November 2007

JUDGMENT OF: Hodgson JA at 1; Hislop J at 46; Latham J at 47

DECISION: 1. Appeal dismissed. 2. Confidential affidavits read below to be placed in a sealed envelope and not to be accessed without the order of a Supreme Court judge. 3. Order that the judgment of Fullerton J and this judgment not be published for a period of six months from today. 4. Leave to the parties to make submissions concerning orders 2 and 3 and concerning costs, such submissions to be made within 28 days.

CATCHWORDS: PRACTICE - CRIMINAL LAW - Public interest immunity - Whether public interest immunity can apply to evidence given in court - Open justice principle - Exceptions to open justice principle - Whether preservation of confidentiality of police methods can be such an exception - Whether necessary for the administrtion of justice.

Attorney-General for New South Wales v. Smith (1996) 86 A Crim R 308 Jacobsen v. Rogers (1995) 182 CLR 572 John Fairfax Publications Pty. Limited v. District Court of New South Wales [2004] NSWCA 324, 61 NSWLR 344 R v. Fandakis [2002] NSWCCA 5 CASES CITED: R v. Kwok [2005] NSWCCA 245, 64 NSWLR 335 Re Application by Chief Commissioner of Police (Vic) for Leave to Appeal [2004] VSCA 3 Scott v. Scott [1913] AC 417 Tofilau v. The Queen [2007] HCA 39 Witness v. Marsden [2000] NSWCA 52, 49 NSWLR 429