NSW Caselaw
Reported Decision : 196 A Crim R 138 [2010] ALMD 5650
New South Wales Supreme Court
CITATION : R v Thomas Sam; R v Manju Sam (No. 16) [2009] NSWSC 544
HEARING DATE(S) : 5 June 2009
JUDGMENT DATE : 9 June 2009
JUDGMENT OF : Johnson J at 1
EX TEMPORE JUDGMENT DATE : 9 June 2009
DECISION : 1. Application granted for photographs 1 to 6 in Exhibit B to be released to media interests for publication or broadcast as part of any report of proceedings. 2. Application declined with respect to photographs 7 to 17 in Exhibit B.
CATCHWORDS : CRIMINAL LAW - manslaughter by criminal negligence - omission by parents to obtain appropriate medical assistance for infant daughter - photographs of child tendered as exhibit during trial - parents convicted of manslaughter - application after verdicts by media for release of photographs in exhibit for publication or broadcast - relevant discretionary considerations - open justice principle - exhibit tendered during trial - protection of dignity of deceased victim - publication permitted of certain photographs only in exhibit
Criminal Procedure Act 1986 LEGISLATION CITED : Supreme Court Practice Note SC Gen 2 "Access to Court Files" Victims Rights Act 1996 Children (Criminal Proceedings) Act 1987
CATEGORY : Procedural and other rulings
R v Sam (No. 5) [2009] NSWSC 543 Burrell v R [2008] NSWCCA 276 R v Xu (No. 1) (2005) 152 A Crim R 17 R v Benbrika (No. 26) [2008] VSC 452 John Fairfax Publications Pty Limited v Ryde Local Court (2005) 62 NSWLR 512 Seven Network Ltd v News Ltd (No. 9) (2005) 148 FCR 1 CASES CITED : HIH Insurance Limited (In Liquidation) v General Re Insurance Australia Limited [2006] NSWSC 128 John Fairfax Publications Pty Limited v District Court of New South Wales(2004) 61 NSWLR 344 O'Shane v Burwood Local Court (2007) 178 A Crim R 392 Attorney General v Guardian Newspapers (No. 2) (1990) 1 AC 109 R v Strawhorn (No. 2) [2006] VSC 433 Ludwig v Public Trustee (2006) 170 A Crim R 460 R v Sam (No. 1) [2009] NSWSC 542 Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435
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