R v Thomas Sam; R v Manju Sam (No. 5) [2009] NSWSC 543

New South Wales Supreme Court

CITATION : R v Thomas Sam; R v Manju Sam (No. 5) [2009] NSWSC 543

HEARING DATE(S) : 5 May 2009

JUDGMENT DATE : 6 May 2009

JUDGMENT OF : Johnson J at 1

EX TEMPORE JUDGMENT DATE : 6 May 2009

DECISION : Application by Nationwide News Pty Limited, Fairfax Media Limited and the Nine Network Limited to publish or broadcast photographs within Exhibit B during the trial is declined.

CATCHWORDS : CRIMINAL LAW - jury trial - manslaughter by criminal negligence - alleged omission by parents to obtain appropriate medical assistance for infant daughter - photographs of child tendered as exhibit in trial - application by media for release of photographs in exhibit for publication or broadcast during the trial - discretionary considerations - risk of jury being distracted directly or indirectly by reporting of trial accompanied by publication or broadcast of photographs of child - application declined for release of photographs during trial

Criminal Procedure Act 1986 LEGISLATION CITED : Supreme Court Practice Note SC Gen 2 "Access to Court Files" Children (Criminal Proceedings) Act 1987

CATEGORY : Procedural and other rulings

R v Xu (No. 1) (2005) 152 A Crim R 17 R v Benbrika (No. 26) [2008] VSC 452 R v Sam (No. 1) [2009] NSWSC 542 Leach v R (2008) 183 A Crim R 1 CASES CITED : John Fairfax Publications Pty Limited v Ryde Local Court (2005) 62 NSWLR 512 R v Richards (1999) 107 A Crim R 318 Skaf v R [2008] NSWCCA 303 Gilbert v The Queen [2000] 201 CLR 414 Jago v District Court of New South Wales [1989] 168 CLR 23 Fittock v The Queen [2003] 217 CLR 508