R v Simmons; R v Moore [2015] NSWSC 73

Supreme Court New South Wales

Medium Neutral Citation: R v Simmons; R v Moore [2015] NSWSC 73 Hearing dates: 16 February 2015 Date of orders: 16 February 2015 Decision date: 16 February 2015 Jurisdiction: Common Law Before: Hamill J Decision: See orders Catchwords: CRIMMINAL LAW – assumed identities – undercover police officers – application for suppression orders under assumed identities legislation – orders to be made unless "interests of justice otherwise require" – suppression orders made – ancillary orders made CRIMINAL LAW - non-publication orders – integrity of administration of justice – order necessary to protect trial process – order will protect Commissioner's position regarding police operation – no need to consider other bases for orders Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW) Category: Procedural and other rulings Parties: New South Wales Commissioner of Police (Applicant) Tony James Simmons (Respondent) Kieran Moore (Respondent) Representation: Counsel: R Bhalla (Applicant) P Young SC (Respondent - Simmons) J Stratton SC (Respondent - Moore) P Barrett (Crown Prosecutor)

Solicitors: Crown Solicitors (Applicant) Mathew Lorkin Solicitor (Respondent - Simmons) Hadrin Law (Respondent - Moore) File Number(s): 2013/150652013/17269